A guide to learning your rights
We are trial attorneys and experts in the area of personal injury. Whether you’ve been in an automobile collision or truck accident, a slip-and-fall accident, a construction site accident or were exposed to a harmful substance or injured due to a manufacturer’s dangerous product, you may have grounds for a claim.
What Do You Need to Know About a Personal Injury Lawsuit?
From the legal point of view, a personal injury represents emotional and/or physical harm, which comes as a result of another’s wrongful act or omission (individual or organization) and causes suffering and pain, or death for the victim. When the wrongful conduct of an organization or another person causes you suffering and pain, then you have every right to demand a rightful compensation.
You need to file a personal injury lawsuit when you are unable to obtain fair compensation from the insurance company or responsible party. As such, a personal injury lawsuit covers any situation where you have been injured. A lawsuit begins when a legal document (complaint) is filed with the court setting forth the basis of why someone else is responsible for your injury, suffering and pain. The goal of a personal injury lawsuit is to obtain a rightful compensation for all suffering and pain you or your loved ones have endured.
Following is an overview and explanation personal injury law terms that are frequently used:
Complaint – represents a legal document that initiates the legal process and clearly identifies all the parties of the lawsuit, including the facts of a personal injury case.
Plaintiff – represents a person who is suffering and in pain as a result of an injury. He or she is taking a legal action with an aim to be compensated for these sufferings and pains.
Defendant – can be an individual or group (organization or business) that has been sued in the personal injury case as the responsible party.
Negligence – represents careless or reckless behavior that leads to an injury. As such, it can be associated with either a wrongful action and/or a failure to take a required action.
Damages – represent various losses as the result of an injury that include the following: suffering and pain, lost wages, medical bills, emotional distress, life care costs, special treatment costs and other relevant economic damages.
Our experienced personal injury attorneys will make sure you are properly guided through these extremely complex cases. We will fight aggressively for your rights, and/or the rights of your loved ones, to be fully compensated for all injuries, suffering and pain. If you or your loved one has suffered an injury as a result of another’s negligence, then please contact our personal injury lawyers for a free consultation and evaluation of your case. It is our goal to take the burden of this fight off of you and to obtain the maximum financial recovery for you and/or your family.
Our trial attorneys and legal experts can help.
Year after year, we have represented clients in all matters of high-level personal injury cases. Insurance companies are often not willing to take responsibility and will seek to deny your claim or offer you less than you are entitled to for recovery. We know how overwhelming this can be, especially when you are in pain, concerned about missing work, or attempting to repair or replace a vehicle. Even worse, if a loved one has died in a fatal accident, you likely are distraught and not sure how to proceed. We can represent the estate in ﬁling a wrongful death suit and explain in clear language your rights.
What Do You Need to Know About the Personal Injury Litigation Process?
Our personal injury lawyers will guide you through the entire personal injury litigation process quickly and efficiently. If you want to file a successful personal injury lawsuit, then you need professional help and guidance from the top personal injury lawyers in New Jersey. Below is how the personal injury litigation process works step-by-step:
Our initial consultation and evaluation of your potential case is free. You will certainly appreciate an opportunity to discuss all the circumstances of your injury with one of our highly-experienced personal injury attorneys. We will carefully evaluate your situation and take all the details into consideration. Based on our findings, you will be provided with a list of the most suitable and affordable legal actions you can take against the responsible party or parties with the best possible outcome. The moment we decide to file a lawsuit we become one team who works and fights together until you and/or your loved one receives rightful compensation for all injuries, damages, pain, suffering and losses.
Our personal injury lawyers have all the knowledge and expertise to negotiate a favorable compensation with an individual or an insurance company even beyond your most optimistic expectations. Negotiations are often time-consuming and emotionally demanding on the injured party. Wrongful parties and insurance companies try to take advantage of the situation and negotiate the minimum amount or not pay at all. Insurance companies are not concerned for your best interest; they just want to minimize their financial exposure. You and your family need someone on your side; to fight for you. If the negotiation process does not lead to an acceptable settlement, then the wrongful party leaves no choice and a personal injury lawsuit must be filed.
3. Initial Investigation and filing of the Complaint
Your personal injury lawsuit formally begins when a Complaint is filed with the court. However, our attorneys perform a complete and thorough investigation of the case before any documents are filed. We are fully prepared to litigate the case before the Complaint is filed, and often even before a defense attorney is aware of the case. We will obtain all relevant medical and related records, speak with potential witnesses and hire highly-qualified expert witnesses. Our personal injury lawyers will be with you and provide support throughout every step of the legal process. Often, the success of your lawsuit and entire case can be determined and influenced by the early investigation and filing of the Complaint. The wrongful party will be served your lawsuit and given an option to answer accordingly.
4. The Discovery Process
During this phase of the legal process, both sides are provided an opportunity to formally learn the factual and legal basis for the claims and defenses. All relevant documents will be exchanged, sworn answers to written questions (interrogatories) will be provided and parties and witnesses will be subjected to out-of-court sworn testimony (depositions). At this stage, the experts are required to set forth their professional opinions through written expert reports.
At this stage of the personal injury litigation process, both parties can file various motions. When you file a motion, you are actually submitting a legal request to the court to rule on an issue.
A personal injury lawsuit can be settled at any point during the litigation process, up to and including, or even after a trial. Our personal injury attorneys work closely with our clients to help determine the best manner in which to proceed in order to obtain the maximum recovery on their behalf. In the event that we engage in settlement negotiations, the client will be kept fully apprised of discussions and will ultimately make the final determination as to whether or not the case will settle or go to trial. As experienced trial attorneys, we will be fully prepared to try the case and our adversaries and insurance companies know that. Our strong reputation is an invaluable asset to our clients in efforts to maximize a financial recovery.
7. Personal Injury Trial
In case we have to proceed to the personal injury trial, then the jury will have to decide whether or not the defendant is responsible for your personal injuries. A personal injury trial includes the following: the selection of the jury, opening statements, direct and cross-examination of witnesses, closing arguments, jury deliberation, jury instruction and finally the verdict.
Parties have a right to appeal the results of a trial if there was an error made by the court or jury. If there is concern regarding the verdict reached in a personal injury trial, an appeal can be taken to the Appellate Division.
Do you have grounds for a personal injury claim?
An overview of potential personal injury situations:
Motor Vehicle Accidents including:
- Motor Vehicle Accidents
- Motorcycle Accidents
- Tractor-Trailer Accidents
- School Bus Accidents
- All Terrain Vehicle (ATV) Accidents
- Pedestrian Accidents
- Drunk Drivers
- Distracted Driver Accidents
- Tire Defects/Blowouts
- Uninsured Motorists
- Rear-End Collisions
- Hit-and-Run Accidents
- Head-On Collisions
- Rollover Accidents
- Speeding Accidents
- Seat Belt Defects
- Boat and Watercraft Accidents
- Air Bag Defects
- Gas Tank Defects
- Amputation Accidents
- Car Brake Defects
- Parking Lot Accidents
- Truck Accidents
Premises Liability including:
- Premises Liability
- Construction Accidents
- Slip-and-Fall Accidents
- Dog Bites
- Inadequate Security
- Burn Injuries including Scalding and Fires
- Exposure to Harmful Substances including Asbestos, Toxic Substances or Lead Poisoning
- Aviation Accidents
- Nursing Home Neglect
- Commercial Property Accidents
- Parking Lot Accidents
- Faulty Fences
- Snow and Ice
What does personal injury mean?
By definition, personal injury is a legal term for any injury to the body, mind or emotions; however, it does not include injury to property. More often than not, personal injury claims happen when the plaintiff’s injury has been caused by another party’s negligence. In these cases, when the negligence of another party can be demonstrated and proven, the injured person may be entitled to financial compensation.
Our trial attorneys and legal experts can help.
Year after year, we have represented clients in all manner of high-level personal injury cases. Insurance companies are often not willing to take responsibility and will seek to deny your claim or offer you less than you are entitled to for recovery. We know how overwhelming this can be, especially when you’re in pain, concerned about missing work or attempting to repair or replace a vehicle. Even worse, if a loved one has died in a fatal accident, you likely are distraught, and not sure how to proceed. We can represent the estate in ﬁling a wrongful death suit and explain in clear language your rights.
Main Office Location:
O'Connor, Parsons, Lane & Noble 435 East Broad Street Westfield, NJ 07090 Locations Available for a Free Consultation: One Gateway Center, Suite 2600, Newark, New Jersey, 07102 140 E Ridgewood Avenue, Paramus, New Jersey, 07652 581 Main Street, 6th Floor, Woodbridge, New Jersey, 07095 4400 Route 9 South, Suite 1000, Freehold, New Jersey, 07728 101 Hudson Street, 21st Floor, Jersey City, New Jersey, 07302