New Jersey Personal Injury Lawyer

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Best NJ Personal Injury Attorney Near You

Have you or your loved one suffered a serious injury from an accident? At Varcadipane & Pinnisi, PC, we have the experience, skill, and dedication it takes to help you recover the maximum compensation permitted under the law for your injuries.

We regularly litigate personal injury cases in New York and New Jersey in the Federal and State Courts and we have obtained millions of dollars in recoveries for our clients.

Paramedics getting a catastrophic accident victim into the ambulance

Give us a call or send us an email to arrange an immediate free consultation with a Personal injury Lawyer in Paramus, NJ. In almost every case, we will handle your personal injury claim at no upfront cost and we only recover a fee as a percentage of what we recover for you. Call us now to learn more.

Types of Injury & Accident Claims New Jersey Personal Injury Lawyer Handle:

  • Car Accidents: Auto accident injury claims are inherently complex. Unfortunately, far too many innocent accident victims make mistakes in the moments, days, and weeks that follow their wreck. As such, it becomes harder for them to obtain a full and fair recovery for their damages.
  • General Negligence: Typically, “negligence” claims involve a person or company that has caused harm or damages to others because they failed to act reasonably. Generally, a party is liable if they act without reasonable care or fail to act when a reasonable person would have, and someone suffers an injury as a result like DOG BITES.
  • Product Liability: If you have been injured by a dangerous or defective product or device, you may have a viable product liability claim against the company that designed, manufactured, distributed, and/or sold the device. Product liability law typically allows an injured party to recover money damages if the injury was caused by defective design, manufacturing, or marketing of that product or if the injury was caused because the product did not provide adequate warnings of known hazards.
  • Professional Malpractice: Professional malpractice is the action or inaction by a professional that violates the generally accepted standard applicable to that professional’s practice. Types of professional malpractice include Medical Malpractice; Chiropractic Malpractice; Architectural Malpractice; and, Engineering Malpractice.

GENERAL NEGLIGENCE:

Typically, “negligence” claims involve a person or company that has caused harm or damages to others because they failed to act reasonably. Generally, a party is liable if they act without reasonable care or fail to act when a reasonable person would have, and someone suffers an injury as a result.

In general, a negligence claim requires proving negligence involves establishing four “elements” or issues in your case. These elements are:

  • DUTY OF CARE – Not only must the plaintiff establish what the duty or standard of care was in the particular case but must also establish that the particular defendant owed that duty to this particular plaintiff.
  • BREACH OF THAT DUTY – Once the plaintiff establishes the duty of care, the plaintiff must prove that the defendant’s conduct constituted a breach of that duty.
  • CAUSATION – The plaintiff must prove that the defendant’s breach of the duty of care was the actual and proximate cause of the plaintiff’s injuries and/or damages. Actual cause or cause in fact is the objective factual standard – did A cause B. Proximate cause is legal causation which subjectively recognizes that the conduct at issue was the primary cause of the injury without any intervening cause and without which the injury would not have occurred.
  • ACTUAL DAMAGES – The plaintiff must establish that the injury caused actual damages in order to sustain a negligence claim. This requirement means that to sustain the case, the plaintiff must prove that he or she suffered some damage or loss that can be equated to a specific monetary value of the loss suffered.

PRODUCT LIABILITY:

If you have been injured by a dangerous or defective product or device, you may have a viable product liability claim against the company that designed, manufactured, distributed, and/or sold the device. Product liability law typically allows an injured party to recover money damages if the injury was caused by defective design, manufacturing, or marketing of that product or if the injury was caused because the product did not provide adequate warnings of known hazards.

A product liability claim is based on the legal theory of “strict liability”. This theory means that the plaintiff only has to prove that the plaintiff suffered damages caused by the product. In other words, the plaintiff does not have to prove negligence. Instead, the plaintiff must provide an actual loss caused by a defective product used as a reasonable individual would have used it.

If you believe you have sustained an injury as the result of a defective product or because the product lacked adequate warnings, the law may entitle you to compensation.

PROFESSIONAL MALPRACTICE:

​Professional malpractice is the action or inaction by a professional that violates the generally accepted standard applicable to that professional’s practice. Types of professional malpractice include Medical Malpractice; Chiropractic Malpractice; Architectural Malpractice; and, Engineering Malpractice.

If you believe you have sustained an injury as a result of a professional’s malpractice, the law may entitle you to compensation.

To establish a claim for professional malpractice, you must prove that the professional in question:

  • OWED THE PLAINTIFF A DUTY OF CARE – In professional negligence claims, the standard of care that is applicable refers to a similar professional of similar training in that location. Thus, a lawyer is held to the standard of care of a lawyer in that location; a medical professional is held to the standard of that particular kind of medical professional, such as that of a certifying board, in that location.
  • BREACH THAT DUTY OF CARE – Generally, two tests are used to determine whether the duty of care was breached. The “foreseeability test” looks to determine whether the professionals should have known that their actions would result in damages to the plaintiff. The “multifactor tests” evaluate several factors to determine whether the defendant deviated from the applicable professional standard of care. These factors can include the nature and severity of the injuries, other options the defendant could have employed and their costs, and whether safer or less harmful options were available to the defendant.
  • BREACH CAUSED THE PLAINTIFF’S INJURY – The plaintiff must be able to prove that “but for” the failure to meet the applicable standard of professional care, the damages would not have occurred.
    Plaintiff Suffered Damages from the Injury – The plaintiff must be able to establish actual damages to recover on a professional malpractice claim. As the New Jersey Appellate Court stated in 2019, the plaintiff cannot satisfy this requirement by “mere conjecture, surmise, or suspicion.” Specifics are required.

Around these, you may find you as a victim of:

What to Do After You Suffered an Injury In A NJ Accident?

There are some preferable steps that you may want to take if you’ve been injured in an accident in New Jersey. These include:

  1. Get the Best Immediate Medical Attention
  2. Make sure you receive a copy of the police report and keep records of interactions you have had with law enforcement
  3. Record all the information about the scene of the accident.
  4. Avoid Talking to Insurance adjusters
  5. Contact a Personal Injury Attorney near you right away

How Much Time Do I Have To File a Claim In New Jersey?

The time for filing a claim for your injury is limited. In New Jersey, you have around two years to file a case.
It’s important to take into account that the sooner you the action to do so the better, that is because it will be easy for your attorney to collect information and handle all interactions with insurance adjusters.

It’s very important to retain a personal injury attorney to get involved in your case. A competent attorney will assist you with the best way to go about securing the right compensation for both physical and psychological injuries.

New Jersey Statute of Limitations for Injury Cases

Suppose you’ve been injured in a slip-and-fall accident, a car wreck, or another incident where another person’s negligence caused you injury. In that case, you could be considering filing a personal injury claim in New Jersey’s civil court system. If so, it’s important to understand the statute of limitations for New Jersey personal injury cases. A statute of limitations is a law that places a strictly-enforced time limitation on your right to file a personal injury lawsuit in a New Jersey court.

Two years is the time limit for filing New Jersey personal injury claims. Whether you were injured due to negligence or whether your injury was caused by an intentional tort, two years is the deadline for filing most types of personal injury lawsuits in New Jersey. When another individual’s careless or intentional behavior causes damage to you, and you want to file a claim for damages in a New Jersey court, you only have two years to file a complaint and any necessary documentation. The clock starts ticking after the date of your accident. 

What if I Miss the Filing Deadline?

If more than two years have gone by since your accident, but you hire a personal injury lawyer to file your lawsuit anyway, the person you’re trying to sue will file a motion to dismiss, and the court will dismiss your case. After that, you’ve lost your privilege to ask a New Jersey court for damages for your injuries or losses, no matter how serious they might be. 

It is crucial that you observe New Jersey’s personal injury statute of limitations if you plan to take your personal injury case to court by filing a lawsuit. 

Are There Any Exceptions to the New Jersey Personal Injury Statute of Limitations?

There are a few circumstances that might push back the running of the statute of limitations or pause the statute of limitations period once it has started. This will effectively extend your filing deadline. 

Examples of circumstances that could extend the New Jersey personal injury filing deadline include:

  • If the injured individual is under 18 or has a mental disability that prevents them from understanding their legal rights to commence a lawsuit: Once the individual turns 18 or regains the necessary mental capacity, they will have a full two years to file a personal injury lawsuit in New Jersey. 
  • If the individual who is allegedly responsible for the plaintiff’s injuries flees New Jersey after the accident, but before a lawsuit can be filed: In this case, the time of absence will likely not be counted as part of the two-year running clock. If this happens, the plaintiff’s attorney must file an affidavit saying that service of process on the absent defendant isn’t feasible. 

If you have any further questions about how the New Jersey statute of limitations works or applies to your personal injury claim, discuss your situation with one of the best New Jersey personal injury attorneys. There is no fee to schedule an initial consultation. 

Contact One of the Best New Jersey Personal Injury Attorneys Near Your Location

If you are looking for an experienced personal injury lawyer in or around Paramus, NJ, please call us at (201) 588-1500 or send us an email to arrange an immediate free consultation. With very little information, we can quickly tell you what services we offer and our fees.

Give us a call at (201) 588-1500 or (212) 390-8275 or send us an email at info@vpattorneys.com to arrange an immediate free consultation with a Personal Injury attorney at our New Jersey office right away. If you are unable to come to us, we will come to you. There are no up-front fees or expenses for Personal Injury clients, ever; we only collect a legal fee if we recover money for you on your claim. 

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