Personal Injury Lawyer Newark, NJ

Personal Injury Representation You Can Trust

Our Newark, NJ personal injury lawyer advocates for those who have suffered personal injuries. Our firm understands the profound impact that an injury can have on an individual’s life, affecting everything from physical health to financial stability. We are committed to providing our clients with the highest level of service, ensuring that their rights are protected and that they receive the compensation they deserve. Our approach is rooted in a deep-seated commitment to justice, combined with a thorough understanding of personal injury law in New Jersey. Contact us at the Law Offices of David A. DiBrigida today for a free consultation and learn how our decades of experience can make a difference in your case.

Proving Negligence in Personal Injury Cases

Negligence is a cornerstone concept in personal injury law, serving as the basis upon which many claims are built and argued. Proving negligence requires demonstrating four key elements: duty, breach, causation, and damages. Each of these elements plays a crucial role in establishing the liability of the defendant and the right of the plaintiff to compensation.

Duty of Care

The first step in proving negligence is establishing that the defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act in a certain way toward the plaintiff. The specific nature of this duty can vary depending on the circumstances of the case. For example, a driver must follow traffic laws and drive safely to avoid causing harm to others on the road. Similarly, property owners must maintain their premises in a safe condition for visitors. We meticulously examine the details of each case to identify the relevant duty of care and how it applies to our clients’ situations.

Breach of Duty

Once we have established the duty of care, the next step is to demonstrate that the defendant breached this duty. A breach occurs when the defendant fails to meet the expected standard of care, acting negligently or recklessly. This could involve a wide range of actions or inactions, from a driver running a red light to a property owner failing to fix a known hazard. We gather and present evidence, such as accident reports, witness statements, and expert testimony, to convincingly argue that the defendant did not uphold their duty of care.

Causation

Causation is about linking the breach of duty directly to the injuries sustained by the plaintiff. It must be shown that the defendant’s actions (or lack thereof) were the proximate cause of the injury. This means that the injury would not have occurred if it weren’t for the defendant’s negligence. Establishing causation can often be complex, requiring a thorough analysis of the facts and sometimes the input of medical professionals or accident reconstruction experts. Our team is adept at demonstrating this critical link, ensuring that the chain of events is clearly outlined and supported by evidence.

Damages

The final element in proving negligence involves showing that the plaintiff suffered actual damages as a result of the defendant’s actions. Damages can include medical expenses, lost wages, pain and suffering, and more. It is not enough to simply prove that the defendant was negligent; we must also quantify the impact of that negligence on our clients’ lives. This involves compiling medical records, bills, employment documents, and other evidence to paint a comprehensive picture of the damages incurred.

Essential Documents for Your Case

Embarking on a personal injury claim can be a daunting experience that requires the right guidance and a degree of personal responsibility. We are committed to ensuring that your legal journey is as smooth and well-informed as possible. An important step in this partnership is the collection and submission of various documents that are critical to the investigation, filing, and most importantly, the successful processing of your claim. Here is a structured list of the documents you need to prepare for your personal injury case:

Initial Evidence

A crucial piece of evidence for your case is the police report. A police report is a thorough account of the incident prepared by responding officers, containing third-party contact information, general event data, and, at times, information on liability. Timely photographic and video evidence capturing every critical visual detail of the event, property damage, your physical injuries, and any other relevant contexts. Medical records such as authorized healthcare facilities and diagnostic results serving as a written discussion of the accident and the impact it has had on your health can be valuable.

Proof of Record and Failure Points

Records of correspondence with the insurance company and organized schedules of any record-holding policies and insurances add quality and trust to your personal injury claim. Receipts and original, legible search topics of health associations, and care benefits may help outbalance other considered solutions.

Recovering Compensation

Collecting the necessary documents can greatly increase your chances of receiving the maximum amount of compensation that you deserve. Personal injury compensation can be categorized into several types, each designed to address different aspects of the victim’s losses and suffering. Compensation for medical expenses, lost wages, pain and suffering, property damage, and punitive damages are common types of compensation you may be able to recover.

Compensation for lost income due to the inability to work while recovering from injuries includes lost earning capacity if the victim is unable to return to their previous employment or work at the same earning level. Unlike economic damages like medical expenses and lost wages, pain and suffering compensation is for the physical pain and emotional distress the victim endures as a result of their injuries. If personal property was damaged as a result of the incident that caused the injury, victims could be compensated for repair or replacement costs. In cases where the defendant’s actions were particularly egregious or reckless, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Types of Personal Injury Cases

Personal injury law encompasses a wide range of incidents, all of which can significantly impact the lives of those involved. As a personal injury law firm, we have seen firsthand how these accidents can affect an individual’s health, livelihood, and overall well-being. Understanding the different types of personal injury cases can provide insight into the legal landscape and help those affected know when to seek the guidance of a skilled attorney.

• Motor Vehicle Accidents

Motor vehicle accidents are among the most common types of personal injury cases. These incidents can involve cars, trucks, motorcycles, bicycles, and pedestrians. The causes of these accidents often include speeding, distracted driving, driving under the influence, and failing to follow traffic laws. Victims can suffer from a range of injuries, from minor bruises to life-threatening conditions. We assist our clients in navigating insurance claims and securing compensation for medical expenses, lost wages, and pain and suffering.

• Slip And Fall Cases

Slip and fall accidents fall under the category of premises liability. Property owners have a legal obligation to keep their premises safe for visitors. When they fail to do so, and someone is injured as a result, the injured party may have grounds for a claim. These cases can occur anywhere, from commercial properties to private homes, and the injuries sustained can vary widely in severity. Our experience allows us to effectively demonstrate the property owner’s negligence and advocate for our client’s right to compensation.

• Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances, resulting in harm to the patient. These cases can involve misdiagnosis, surgical errors, medication mistakes, and more. 

• Workplace Accidents

Workplace accidents can occur in any industry, but they are especially prevalent in construction, manufacturing, and other high-risk fields. These accidents may result from unsafe working conditions, lack of proper training, or failure to comply with safety regulations. Workers’ compensation laws are designed to provide relief to injured workers, but there are instances where additional legal action is necessary. We guide our clients through the workers’ compensation process and explore all avenues for securing additional compensation.

• Product Liability

When consumers are injured by defective or dangerous products, they may have a claim under product liability law. These cases can involve anything from faulty appliances to unsafe pharmaceuticals. Proving that a product is defective requires a thorough understanding of both the law and the technical aspects of the product itself. Our injury lawyer is skilled in investigating these cases and holding manufacturers accountable for their negligence.

Newark Personal Injury Infographic

Newark Personal Injury Statistics

According to the U.S. Department of Justice, just under 95 percent of personal injury lawsuits settle before they go to trial. This statistic shows that most personal injury cases are resolved through settlement rather than through a trial. There are several reasons for this, including the high cost of litigation, the uncertainty of trial outcomes, and the desire to avoid the emotional toll of a trial. This is just one more reason why you should have a skilled and experienced personal injury lawyer representing you. Call our office to find out what type of legal options you may have for the injuries you have suffered.

Newark Personal Injury FAQs

What is the personal injury claims process?

The personal injury claims process typically starts with a medical treatment following an injury, then gathering and documenting all evidence concerning the incident. The next step is to contact a personal injury attorney who will file a claim on your behalf, setting out the legal arguments and the amount of compensation sought. Negotiations with the at-fault party’s insurance company will follow, aiming for a fair settlement. If a settlement cannot be reached, your case may proceed to a lawsuit and be decided in a court of law. Our Newark attorney can represent you during both the claims and lawsuits stages, working towards achieving the most favorable outcome.

How long does it take to settle a personal injury claim?

The timeline for settling a personal injury claim in Newark, NJ, varies greatly from case to case. Numerous factors such as the case’s complexity, the severity of injuries, the clarity of the at-fault party’s liability, and the speed of agreement on a compensation number with the insurance company or in court can impact the duration. In straightforward injury cases, it might take a few months to a year. More complex cases, especially those that require suing and going to court, may extend beyond a year, and some may take multiple years to get a court judgment or settle.

What is comparative negligence, and how does it affect my personal injury case?

Comparative negligence is a rule that may apply to your personal injury case, determining the accountability and award of relief between the party alleging harm and the individual accused of the action. It essentially weighs your involvement in the event of your accident or harm and, if found to be also at fault, will reduce your relief in a process to match your calculated amount of negligence. For instance, if you were found to be 30% at fault, your compensation will be trimmed by 30%. Comparative negligence effectively means that if you share the blame, it won’t fully prevent compensation but will correctly readjust the total to your level of non-fault.

How is the total number of potential relief calculated in a personal injury case?

The amount of compensation in a personal injury case is primarily constituted by the totality of the impact, both economic and non-economic, of your injury. Relief is somewhat made up of certain charges, the trackable sum total of your pocket (e.g., medical cost, continuing and current future medical fees, and missed salary), and another, for impact (e.g., suffering, life lifestyle reduction, and related free-time project hindrance). Of course, the evidence of specific employment or freedom resulting in a thing or financial outlay due to the individual loss or the transaction is open for case adding as well.

What is the best chance to take if a government article or relationship is at fault for my injury?

Filing a personal injury suit against a New Jersey government member or group looks the same as with private persons or groups in the potential to start, but you must soon inform the ownable body or office in the entity of your claim within 90 days of your accident.

Personal Injury Glossary

The legal process can be daunting, especially if you’re dealing with a personal injury case. Whether you’re seeking guidance from a Newark, NJ personal injury lawyer or simply looking to learn more about your legal options, understanding key legal terms can help you make informed decisions about your case. Below, we’ve defined several important concepts related to personal injury law.

Statute of Limitations

The statute of limitations refers to the maximum period you have to file a lawsuit after an injury or accident. This time frame is generally two years from the date of the incident. If you fail to initiate legal proceedings within this two-year period, you may lose the right to seek compensation. It’s crucial to be aware of this timeline because if you miss it, even a strong case may not be heard in court. This law ensures that claims are pursued while evidence is still fresh, and memories are clearer. For this reason, reaching out to a personal injury lawyer as soon as possible can be essential in preserving your legal rights.

Medical Malpractice

Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard level of care, resulting in harm to a patient. To pursue a medical malpractice case, we must show that the healthcare provider’s actions directly led to the patient’s injury. This often involves demonstrating that another competent professional, under similar circumstances, would not have made the same mistakes. Cases of this nature can include misdiagnoses, surgical errors, or failure to inform patients of known risks. Since these situations often involve extensive medical evidence and testimonies, it’s important to have experienced legal representation to assess and prove the claim.

Punitive Damages

Punitive damages go beyond compensating for tangible losses, like medical expenses or lost wages. They are awarded in cases where the defendant’s actions are particularly reckless or malicious. The goal is to penalize the wrongdoer and discourage similar behavior in the future. For instance, if a company knowingly sells a defective product that causes injury, a court may impose punitive damages to hold them accountable. These damages are not always available in every case, as they require a higher level of proof to demonstrate the defendant’s willful misconduct. However, when applicable, they can significantly increase the compensation received by the injured party.

Duty of Care

Duty of care refers to the legal responsibility individuals or entities have to act in a manner that avoids causing harm to others. In personal injury cases, the first step is to establish that the defendant owed this duty to the plaintiff. For example, drivers have a duty to operate their vehicles safely and obey traffic laws. If someone fails to uphold their duty of care—like driving while distracted or intoxicated—and it results in an accident, they can be held liable for any resulting injuries. Establishing a breach of duty is a key component in proving negligence, which is essential for a successful personal injury claim.

Vicarious Liability

Vicarious liability is a legal concept where one party is held responsible for the actions of another. This typically applies in employer-employee situations. For instance, if an employee causes an accident while performing their job duties, the employer may be held liable for damages. Vicarious liability is often used in cases involving delivery drivers, truck drivers, or other employees who cause injuries while working. The idea is that employers have a responsibility to oversee their employees’ actions and are accountable when those actions result in harm. It’s crucial to understand how vicarious liability can impact your case, as it may broaden the scope of who can be held accountable for your injuries.

Understanding these terms can empower you as you navigate your personal injury case. If you’ve been injured and believe someone else is at fault, you don’t have to go through this alone. Contact the Law Offices of David A. DiBrigida to discuss your case and explore your legal options. We’re here to provide support and help you pursue the compensation you deserve.

Contact Our Newark Personal Injury Lawyer Today

With a deep commitment to justice and a personalized approach to each case, this firm embodies the qualities necessary to guide clients through their legal journeys toward obtaining the compensation they rightfully deserve. We recently won a $1.2 million settlement for a car accident and can help you with your claim. Whether dealing with the intricacies of proving negligence, understanding the statute of limitations, or negotiating fair settlements, the team at the Law Offices of David A. DiBrigida ensures that every client receives the highest level of legal representation and support throughout their case. Speak with our trusted Newark personal injury lawyer today.