If you would like to discuss your personal injury case with an Elizabeth NJ personal injury attorney, call us today at Rispoli & Borneo to arrange a free consultation with one of our lawyers. Our attorneys have years of experience successfully representing injury victims and recovering the maximum in damages.
Prior to hiring a personal injury attorney Elizabeth NJ accident victims recommend, you may have a number of questions. The attorneys at Rispoli & Borneo may provide more specific information after reviewing your case.
Types of Personal Injuries
Everyone’s life is changed by an injury of some kind. However, injuries can really change your life. Sometimes you’re injured because it was your fault (or the accident was your fault), but other times? It’s out of your control, and you’re not at fault. In those cases, you can sue. Many personal injury cases don’t go to court, but you still want a lawyer as they’ll best know how to get the other party involved to settle outside of court.
But there are many factors to take into account, and one of those factors is the type of injury sustained.
Some of the most common types of personal injury cases are:
- Motor vehicle accidents
- Medical malpractice
- Wrongful death
- Slip and fall cases
- Workplace accidents
- Product defect and product liability
- Premises liability
- Dog bites
Motor vehicle accidents are very common, as almost everyone winds up on the roadways at some point in their day. There are over 6 million car accidents in the United States every year, or roughly 17,000 per day.
Medical malpractice is when a medical professional is negligent or careless. These types of claims are filed when someone feels that their medical provider did not uphold the standard of care. The Hippocratic Oath sets a standard of care that every patient should receive, and if that is not upheld and injuries or death happens, then the person or their family can sue for damages.
Wrongful death is when somebody dies because of someone else’s carelessness. This often arises out of car and truck accidents, but are also seen in nursing home neglect, medical malpractice, construction accidents, and more.
Slip and fall are another of the most common injury claims that lawyers see. If you are on someone’s property, an individual or corporation, then they are responsible for your safety. No, not if you’re being stupid and they can prove it was your fault, but if their structures are unsound or unsafe and you slip or fall and get injured, then they’ll be at fault. Things that may cause slip and falls are broken cement, cracked sidewalks, torn carpeting, even wet surfaces.
Workplace accidents are common in places of work, especially when you work construction. You can trip, fall, there’re hazardous materials, and much more. If you’re injured while at work, you usually file workers’ compensation instead of directly suing your employer.
If you purchase a product and it’s used for its intended purpose, then you shouldn’t come to harm. If you do, because a product malfunctions or is defective, then you can go after the company for not catching said defect or malfunction. However, consult a Newark NJ personal injury lawyer before you try to go after a lawsuit, you might find out there was an active recall, in which case the company was warning people of the issue at hand.
Defamation is libel or slander, that injures your reputation. When these statements are untrue, they can cause you to lose opportunities due to a damaged reputation.
Premises liability are when injuries are caused by dangerous and defective conditions on someone else’s land. These can occur anywhere, such as commercial property, public areas, or even at someone’s home.
And last but not least, dog bites. The laws surrounding dog bites vary by state and jurisdiction, but usually the owner is liable for their dog biting someone else. It is their right to know the dog is aggressive and not take it around people without proper precautions, if they choose to take it out at all.
Understanding the Personal Injury Claim Compensation You May Be Entitled to
No two personal injury claims are exactly alike, which means that broadly speculating on how much a case is “worth” and guaranteeing outcomes should be avoided. Instead, it is important to speak with an experienced Elizabeth, NJ personal injury attorney about the particulars of your situation so that you can receive personalized feedback about your unique case. With that said, it is important to have a general understanding of the kinds of compensation you can seek (also known as damage awards) as part of the personal injury claims process. That way, you can ask the Elizabeth, New Jersey personal injury attorney team at Rispoli & Borneo P.C. specific questions about potential damage awards when you come to our office for a no-risk, no-obligation consultation.
As for damages, three basic categories are often sought in personal injury claims: (1) compensatory, (2) general and (3) punitive. The first two are standard, but the last is reserved for only the vilest types of claims (when allowed by law, as not all cases are eligible for punitive damages, no matter how tough the case circumstances in question may be). Our Elizabeth, NJ personal injury attorney team can clarify which damages you might be eligible to receive and can give you a sense of what amounts you can potentially expect to be awarded, given the unique circumstances surrounding your case.
When you discuss your claim with an attorney, the bulk of your conversation will likely revolve around the idea of compensatory damages. These claims are those expenses and financial losses you can prove easily with documentation. For example, it is easy to show medical costs related to a car accident because of available hospital records. Also, it is relatively simple to demonstrate lost income because of injuries and recovery time. Essentially, if you can prove the financial hardship was related to the injury, then it is compensatory damage.
General damages are a little more challenging to prove and argue. These injuries are more abstract in nature. For example, pain and suffering is a common claim, but proving psychological trauma is not so easy. You will likely need an expert witness, possibly your therapist, to describe how the accident or injury led to the need for therapy.
Another example is the loss of consortium and social standing. You will need to prove how the accident affected your relationship and place in the community. While it is challenging to prove abstract injuries, it is possible.
Punitive damages are among the most challenging to obtain, in most cases. These damages are only awarded to punish the defendant. A judge is not likely to allow this to happen if there is no proof of intent. For example, if you are suing an individual because they assaulted you, then you may receive punitive damages. However, if you are suing your company because of a workplace injury, then you will need to prove that the injury was a result of the intentional or criminal neglect of the business, which is not easy.
While it is difficult to say that you are entitled to any form of damages without proof of injury and trauma, personal injury claims are argued for the award of the above three damages. If you are preparing to file a personal injury claim, contact our experienced Elizabeth, NJ personal injury attorney today to explore your options.
Appealing Court Decisions or Judgements
The process of appealing a court ruling can be involved and complicated. In the event that it should become necessary to consider this action, your personal injury attorney in Elizabeth NJ can provide more information specific to your case.
The Review Phase
When a state or federal trial court decision is appealed, most of those decisions are subject to review by the appeals court. This is true for almost any kind of civil case, including personal injury lawsuits. The appeal is often focused on one or more of the following as possibly having been in error:
- A judge’s order.
- A jury’s final judgement.
During their review, if the appeals court finds that an error of law occurred that contributed to the court’s findings or decision, they will reverse the decision. If the appeals court does not agree that such an error occurred, they will deny the appeal, and further appeals are generally not allowed. If your case is an exception, your Elizabeth NJ personal injury attorney can discuss that with you.
What exactly is an appeal?
The appeals process is a review of how the trial court applied the law in your lawsuit. Every case is different due to the specific laws that pertain to your civil lawsuit. To understand exactly what laws apply, an Elizabeth NJ personal injury attorney can explain after reviewing your case. However, these guidelines are universal:
- Appeals reviews do not include a jury.
- Lawyers do not present witnesses.
- Lawyers do not present traditional types of evidence such as in the original lawsuit.
- The appeals court will not question the facts that were presented in the original trial, except under certain circumstances.
- Rather than having one judge as in a civil trial, several judges review the appeal. The number of judges present depends on the jurisdiction, and whether it is a state or federal supreme court.
Available Options After Losing an Appeals Decision
Whichever side loses in the appeal may pursue another appeal to a higher court. Your Elizabeth NJ personal injury attorney can tell you if your case merits further efforts to appeal the decision.
- After losing an appeal in a state appeals court, your attorney can appeal to the State Supreme court. Due to their caseload, these courts usually only review cases that involve questions of law that are unsettled.
- After losing an appeal in a federal appeals court, your attorney can appeal to the U.S. Supreme Court. These cases are limited to those that concern constitutional or federal issues.
To discuss your case with an experienced Elizabeth NJ personal injury attorney, contact us at Rispoli & Borneo, P.C. for a free consultation.