New Jersey Personal Injury Lawyer
Understanding Comparative Negligence in YourPersonal Injury Claim
Our New Jersey personal injury lawyer believes that every personal injury case is unique, and understanding the legal intricacies involved is crucial to achieving the best possible outcome for our clients. In the state of New Jersey, personal injury claims often involve the concept of “comparative negligence.”
Defining Comparative Negligence
Comparative negligence is a legal doctrine applied in personal injury cases to determine the extent of liability and compensation when both the plaintiff and the defendant share some degree of fault for the accident or injury. New Jersey follows a modified comparative negligence system, which can be broken down into two key components:
- Pure Comparative Negligence: Under this system, the plaintiff is entitled to recover damages even if they are primarily at fault for the accident. However, the compensation they receive is reduced in proportion to their degree of fault.
- Modified Comparative Negligence with a Threshold: In New Jersey, there is a threshold for modified comparative negligence. If the plaintiff’s degree of fault exceeds 50%, they are barred from recovering any damages.
Determining Fault
In personal injury cases, establishing fault is a critical aspect, as your New Jersey personal injury lawyer knows. This involves gathering evidence, eyewitness accounts, expert testimony, and other factors to determine the percentage of fault assigned to each party involved.
Impact on Compensation
In cases where both parties share fault, the final compensation is adjusted accordingly. For example, if a plaintiff is found to be 20% at fault for their injuries, any damages awarded will be reduced by that percentage. Comparative negligence can significantly impact the negotiation and litigation strategies employed by both parties. Defendants may try to prove the plaintiff’s degree of fault to minimize their liability, while plaintiffs must build a strong case to establish the defendant’s negligence.
Importance of Legal Representation
Navigating a personal injury claim involving comparative negligence can be complex. It requires a thorough understanding of state laws, evidence collection, and legal strategies. Our experienced attorneys can assess the liability in your case and determine the extent of comparative negligence, if any, that may apply. We work diligently to ensure that fault is accurately attributed.
We understand the importance of gathering strong evidence to support your claim. This includes witness statements, accident reports, medical records, and expert testimony, all of which can be crucial in establishing liability and degree of fault. Our goal is to maximize the compensation you receive, even in cases of comparative negligence. We work tirelessly to ensure that you are fairly compensated for your injuries, medical expenses, lost wages, and pain and suffering.
Get Trusted Help For Your Claim
If you’ve been injured in an accident in New Jersey and are concerned about comparative negligence affecting your personal injury claim, don’t hesitate to contact the Law Offices of David A. DiBrigida. Our experienced attorneys are here to provide you with the legal representation and guidance you need to navigate these complex matters. Your well-being and recovery are our top priorities, and we are committed to fighting for the compensation you deserve. Reach out to our New Jersey personal injury lawyer today to discuss your case and take the first step toward justice and recovery.
When should you hire a personal injury attorney?
If you live and work in New Jersey, then you know it’s a great place to call home. There is so much to see and do, which creates a lot of excitement for you. That’s why when an injury happens; it’s typically terrible timing. If you have been injured, you will need a personal injury lawyer to represent you in a court of law.
If you are in need of rightful compensation for your personal injury, you need a lawyer to help you with getting the most out of your claim.
For 28 years, David A. DiBrigida has been practicing personal injury law in New Jersey and Pennsylvania and has personally recovered more than 50 million dollars for victims.
If you have been injured, call David A. DiBrigida, an experienced NJ personal injury lawyer who cares more for clients at (800) 322‑5529 right away to discuss your plan for winning your case.
Have You Been Injured?
If you have suffered a personal injury in New Jersey, you want to write down all of the information about the details of the accident right away. It’s a great idea to put all of this information in a notebook that you can keep with you at all times. Make sure that you have the date, times, and all of the details about what has happened. You also want to include any of the witnesses that may have also been present.
Common Causes Of Personal Injury
People can be injured in a variety of ways. The accidents can happen at just about any time of the day or night. Here are some of the common causes of injuries:
- Auto Accidents
Being in an auto accident is how many people become injured. They need to take down the driver’s insurance information when they have been in an accident. They will need all of the details to be written too. It’s a good idea to get pictures of the accident scene. You will also want to get the names of witnesses so that you can use them in court.
- Premises Liability
If you were injured on someone’s property, you might also have reason to file a lawsuit. Since you were on the property that a person did not care for well, you will be able to file for the compensation that will give you the ability to move on with your life.
- Defective products
A defective product may have injured you. This can be proven in a court of law so that you will be able to press charges and reap the rewards when the case is proven. You will need a good lawyer to do this, and David A. DiBrigida is just the right personal injury lawyer to call.
- Construction Accidents
While all employers in New Jersey must offer workers compensation, you might be able to obtain more compensation by filing a construction accident injury claim. Your accident will have to meet certain criteria to qualify for a personal injury claim instead of a workers comp claim, however, so it’s important to consult with a San Diego personal injury attorney.
Common Types Of Personal Injury In New Jersey
In New Jersey, a lot is happening all the time. That’s how a lot of accidents occur and injuries can take place.
If you are in an accident, you may suffer from any of these types of injuries:
- Brain Injuries
Brain injuries are common in New Jersey. These can ruin someone’s life and, in some cases, prove to be fatal. Not only will a person’s life be destroyed, but they may also need constant care for the rest of their life. These injuries are severe and require tremendous amounts of medical expenses. The compensation that you will be able to file for this is very high. The sooner that you call him, the quicker you will see the money that you will need to make up for your losses.
- Amputated Limbs
If you need to have a limb amputated, you will have a large sum of money that will be heading your way. With our law firm representing you, you’ll receive the highest amount available. Amputated limbs take a long time to get used to and you will also require the help of someone else. This is all taken into account when you are seeking compensation for your injuries.
- Broken Bones
You may also suffer from broken bones or fractures throughout your body. Be sure that you keep proper medical records so that all of your sufferings can be proven when your case goes to trial. X Rays and other such documents may also be called into a court session during the trial. All of this can be discussed when you call our offices for a free consultation for you to receive the justice that you deserve.
- Burns
Lasting scars could occur with burns. You will want the proper documentation and pictures to show the suffering that the injury has caused you. Once again, by calling David A. DiBrigida you will be setting in motion the legal steps that you should take to win your case.
How Much Will You Receive For Your Personal Injury Claim?
When you take your case to court, you will be able to fight for several different amounts of money. This is a list that will be owed to you:
- Damage To Your Property
You will receive money to cover the damage to your property, which would be a car if you were in a car accident. This will help to repair your vehicle or replace it if need be.
- Loss of Work
When you win your case, you will receive money that will make up for the time that you have missed from work. You need to keep reliable written records of this or call your personnel manager at your place of employment to get the proper amount of hours. These records have to be correct when dealing with the courts.
- Medical Expenses
You need to pay attention to medical expenses since the injury occurred. You will need all of the proper documents that show all of the present and ongoing work that needs to be done so that you can heal and get back to normal. This will include hospital records, doctor visits, medications, and other medical information. Make sure that you keep all of this handy because you will need this in a court of law when you go to win your case.
- Lifestyle Changes
In personal injury cases, you will also be able to claim money for the lifestyle changes that you have to go through. Lifestyle changes could mean the loss of companionship and other social activities that you cannot take part in anymore. You may find that there are a lot of things that will need to change from the injury that you have suffered and David A. DiBrigida is there to help you with all of those details.
New Jersey Personal Injury FAQs
An experienced New Jersey personal injury attorney like those at the Law Offices of David A. DiBrigida can navigate the complex legal process, gather evidence, negotiate with insurance companies, and represent your best interests in court if necessary.
What Is A Personal Injury Claim?
A personal injury claim refers to a legal action taken by an individual who has suffered physical or psychological harm due to someone else’s negligence or intentional wrongdoing. These claims seek compensation for the damages incurred, such as medical expenses, lost wages, and pain and suffering. Common personal injury cases in New Jersey include car accidents, slip and fall accidents, medical malpractice, workplace injuries, product liability, and dog bites. Each case type has its unique legal elements and requirements. While it’s not mandatory to have an attorney, hiring one is highly recommended.
Why Should Clients Use A Personal Injury Lawyer?
Personal injury claims are subject to specific laws and regulations, making it crucial to seek legal counsel if you believe you have a valid case. Consulting with an experienced New Jersey personal injury lawyer will help you navigate the complexities of the legal system and maximize your chances of receiving fair compensation for your injuries. The statute of limitations for most personal injury cases is two years from the date of the injury. However, certain exceptions and nuances may apply depending on the specific circumstances of your case, so it’s crucial to consult with an attorney promptly.
How Is Fault Determined In Personal Injury Cases?
New Jersey follows a comparative negligence system, which means that fault can be shared among the parties involved. The court assesses the degree of fault for each party, and the injured person’s compensation is reduced by their percentage of fault. If you are found more than 50% at fault, you may not recover any compensation. Compensation in the state of New Jersey is calculated based on various factors, including medical bills, lost wages, property damage, pain and suffering, and other losses. An attorney can help you determine the full extent of your damages and seek fair compensation.
What If I’m Injured In A Car Accident?
If you’re injured in a car accident, you should immediately seek medical attention and report the accident to the police. Then, exchange information with the other driver(s), gather evidence and notify your insurance company. Consulting with an attorney is crucial to protect your rights and ensure fair compensation. You may be able to sue for medical malpractice in New Jersey if you can prove that a healthcare provider’s negligence resulted in harm. It’s essential to consult with an attorney experienced in medical malpractice cases to assess the merits of your claim.
What Should I Do After A Slip And Fall Accident?
After a slip and fall accident, seek medical attention for your injuries and report the incident to the property owner or manager. Document the scene, gather witness information, and preserve any evidence. Consult with a skilled personal injury attorney to evaluate the viability of your claim. The duration of a personal injury case varies depending on its complexity, negotiations, and court proceedings. Some cases can be resolved in a few months, while others may take several years. Your attorney will provide a more accurate estimate based on your specific circumstances.
Considering Legal Assistance For Personal Injuries
In the aftermath of an accident that leads to injury, It is important to enlist professional legal help from a New Jersey personal injury lawyer. The path forward after injury can often seem daunting and complex. While the immediate focus should rightfully be on recovery and healing, the legal and financial aspects of such incidents cannot be ignored. Our team understands the challenges that come with personal injury cases and is here to guide you through every step.
Understanding Legal Frameworks And Insurance Processes
Personal injury law is a specialized field that encompasses a wide range of incidents, from automobile accidents to workplace injuries. Each case is unique, with its own set of legal precedents and statutes that govern how compensation is determined and awarded. Without a deep understanding of these laws, individuals are often at a disadvantage when dealing with insurance companies and opposing counsel.
Our team brings to the table a comprehensive understanding of the legal landscape. This ensures that your rights are protected and that you are fully informed about all of your options. We work tirelessly to ensure that insurance companies and other parties involved adhere to the letter of the law, providing you with the best possible outcome.
Maximizing Compensation For Your Recovery
One of the primary concerns for anyone suffering from a personal injury is the financial impact. Medical bills, loss of income, and other related expenses can quickly become overwhelming. It’s our job to ensure that you receive the compensation you deserve, not just for immediate expenses, but for any long-term financial implications of your injury.
We take into account every aspect of your situation, from the physical and emotional toll to the economic impact. Our goal is to secure a settlement or judgment that reflects the full extent of what you have endured, enabling you to focus on your recovery without the added stress of financial uncertainty.
Personalized Support And Guidance
Each personal injury case carries with it a personal story of disruption and recovery. We believe in providing not just legal representation, but personalized support and guidance. Our approach is to work closely with you, keeping you informed and involved at every stage of the legal process.
We pride ourselves on our ability to listen and understand your concerns, tailoring our strategies to meet your needs and goals. By choosing a New Jersey personal injury lawyer, you are not just hiring legal assistance; you are partnering with professionals who are committed to your well-being and success.
Why Our Team Is The Right Choice For You
Choosing the right legal team is a crucial step in securing a favorable outcome for your personal injury case. Our team at the Law Offices of David A. DiBrigida is dedicated to providing exceptional legal services, marked by diligence, compassion, and unwavering support. We have a proven track record of success, with a deep commitment to each client’s recovery and satisfaction.
Our approach is collaborative, transparent, and focused on achieving the best results for you. We understand the emotional and physical challenges you are facing, and we are here to lift the burden of the legal process from your shoulders.
Take The First Step Towards Justice And Recovery
If you or a loved one has been injured due to the negligence of others, we encourage you to reach out to a New Jersey personal injury lawyer. Our team is ready to listen to your story, evaluate your case, and provide you with the information you need to make an informed decision about your legal options.
By choosing our services, you are taking a vital step towards securing justice and the compensation you deserve. Let us handle the legal aspects of your case, so you can concentrate on what truly matters – your recovery and well-being. Contact the Law Offices of David A. DiBrigida today to schedule a consultation and begin the journey toward healing and resolution.
Contact OUR NJ Injury Lawyer TODAY!
If you ever find yourself in need of a personal injury lawyer, you will want to call the best in New Jersey, David A. DiBrigida as soon as possible. By calling (800) 322‑5529, you’ll be able to get a free consultation from a top 1% attorney who has recovered over 50 million and make an informed decision that will be in your best interest.
If you or a loved one are in need of legal counsel regarding a personal injury accident, contact a New Jersey personal injury lawyer you can trust at the Law Offices of David A. DiBrigida today.
