How a Newark Personal Injury Attorney Can Help You
If you have been injured in an accident, you need a seasoned Newark personal injury attorney to help get you the compensation you deserve. Accident injuries can have a profound effect on every part of a victim’s life, as well as the lives of their family. The injuries may interfere with the victim’s quality of life or their ability to work. These limitations may be temporary, but all too often, the victim may end up with a permanent disability due to the injuries they have suffered.
If you have questions about your case, that’s perfectly normal. Asking questions is a good thing. It means you’re giving your health and legal interests the attention they deserve. At Rispoli & Borneo, P.C., we can help you find the answers you need and show you the benefits of each legal option for your case.
Can I File a Personal Injury Lawsuit If I Don’t Feel Injured?
Your Newark personal injury attorney needs to have medical records to present as evidence of your injury. You need to visit a doctor and receive treatment for some kind of injury. These can include neck injuries, hairline fractures, severe pain, persistent headaches and other conditions.
That said, injuries don’t always appear right away after an accident. Not all injuries show up as cuts and bruises. Some of the most serious effects of accidents include head trauma, whiplash or internal injuries.
You may not notice pain right away after being in a car crash. Your body is pumping adrenaline, which can dampen feelings of pain until the shock wears off. That’s why it’s good to have a doctor perform a thorough examination even if you don’t feel pain.
Can I Reach an Agreement With the Other Driver Without Involving the Police?
It’s never a good idea to try to reach an “agreement” with other drivers or people responsible for the accident. First, it can cause you to admit fault and damage your case. Second, you can get into serious legal trouble. You have to report car accidents to the police, especially if anyone in the car was injured.
Finally, these “agreements” are rarely binding, and they often leave you open to being sued by the other driver or passengers. Always let a Newark personal injury attorney handle negotiations and settlement agreements the right way.
What Should I Do If an Insurance Adjuster Contacts Me?
Sometimes, the other driver’s insurance company will reach out to you directly. Don’t speak with this person at all. Instead, tell the adjuster to call your Newark personal injury attorney for more information. Why should you avoid talking with the other driver’s insurer?
These companies often try to trip you up and get you to admit fault. They want to find an excuse to throw out the claim. It’s also common for them to hide fine print in settlement agreements and offer you far less than what your case is worth. Our team at Rispoli & Borneo, P.C. can let you know how much you should honestly receive in your personal injury case.
Economic and Noneconomic Damages
A Newark personal injury attorney can assist victims in collecting both economic and noneconomic damages they have suffered as a result of their injuries. Economic damages include items such as:
- Hospital admissions
- Diagnostic testing
- Prescription and non-prescription medication
- Mental, occupational, and physical therapy
- Transportation for medical treatment
- Lost wages from time missed from work
Accident victims are also allowed to recover for the pain and suffering their injuries cause, as well as the emotional distress they have to deal with. Damages for these issues are referred to as noneconomic damages. A personal injury attorney in Newark may pursue both economic and noneconomic reimbursement for their clients based on the client’s case.
Factors That Affect the Value of Your Personal Injury Settlement
Things That Raise Your Multiplier
The first thing your Newark personal injury attorney will look for when identifying things that could raise your multiplier for your settlement total is brutal injuries, such as broken bones and other severe damage. They will also look for permanent aspects of your injury. Then, they will examine your medical expenses to ensure they were primarily for treatment. Having most costs for treatment provided by medical doctors will work in your favor.
To highlight the severity and raise your multiplier further, you should have been prescribed medication because of the injury. Medication indicates emotional or physical distress. Furthermore, your multiplier will be higher if you have extended treatment periods. These indicate extended recovery periods. The longer your injury knocks you down, the more it disrupts your daily life.
Things That Lower Your Multiplier
From there, your Newark personal injury attorney will look for things that could lower your multiplier, such as soft tissue injuries. These types of injuries generally don’t leave permanent damage. They will also see if most of your medical expenses were for diagnosing your injuries rather than treating them. It is also bad for you if non-medical professionals provide your treatments.
Likewise, your multiplier will be lower if no medication has been prescribed to you because of your injury. After all, this indicates you didn’t experience much physical or emotional distress. Additionally, brief medical treatments can lower your multiplier. Shorter treatments mean a short recovery time.
Factors That Add Extra To Your Compensation
Once the standard formula is applied, we at Rispoli & Borneo, P.C. will look for anything else that can increase the value of your compensation, such as if you were not responsible for the accident. Generally, a judge will also examine the people involved and their professionalism. For instance, if you or the defendant are not credible or sympathetic. Witnesses can also testify to increase the amount you receive.
Factors That Take Away From Your Compensation
However, we at Rispoli & Borneo, P.C. also have to inform you that certain factors can take away from the calculated compensation amount, such as being partially responsible for the accident. Additionally, acting impatient or disorganized can take away from your compensation. On the other hand, if the defendant is sympathetic and insured, you’ll receive less. Finally, you could see a smaller payment if people support the defendant or you have no witnesses.
Personal Injury Cases
There are different types of injury claims a Newark personal injury attorney can litigate. The attorneys at Rispoli & Borneo, P.C. are dedicated to fighting for our clients to ensure they receive fair compensation for their injuries. When you need a personal injury attorney in Newark, our firm is the one to call. We have decades of experience in negotiating with insurance companies to reach a fair resolution of your case but can aggressively litigate your claim in court if necessary.
The types of accident victims we represent include:
- Car accident victims
- Truck accident victims
- Motorcycle accident victims
- Pedestrian and bicycle accident victims
- Premises liability accident victims
- Workplace accident victims
Why Do I Need a Newark Personal Injury Attorney?
Insurance companies are known for the tactics they use to convince accident victims to settle for less than they deserve for their injuries. They often act as if they are on the victim’s side, assuring the victim they are working to get their claim processed as quickly as possible. In reality, they may actually be dragging out the claim in order to let the statute of limitations expire. Another tactic is to confuse the victim with so much paperwork and procedure, that the victim may end up admitting some fault for their injuries, even when they aren’t at fault.
There are many other tricks that an insurance adjuster may try, and this is why you should have a Newark personal injury attorney representing you.
When Should You Hire a Newark Personal Injury Attorney?
If you sustained a terrible injury and are concerned that the person who hurt you may not reimburse you for your treatment costs, you might be wondering if you should hire a personal injury attorney. This is an important consideration and is one that the legal team at Rispoli & Borneo, P.C. takes very seriously. In fact, we offer a free initial consultation to determine if your case will likely require the assistance of a personal injury lawyer in order to obtain the compensation you deserve.
In some instances, we may suggest that you should consider submitting a claim without the assistance of a Newark attorney, especially if the injury is not particularly serious. However, more complicated cases may benefit from the knowledge and experience of a legal professional from Rispoli & Borneo, P.C. Below is additional information but we encourage injury victims to contact our office and request a free consultation. After discussing your case with our personal injury attorney, you may have a clearer picture of how to proceed. In the meantime, you may wish to consider the following:
The Value of a Personal Injury Case
Depending on the extent of your injury, it may be a long and expensive road in terms of treatment and the need to take time off from work while you recover. If you suffered a minor injury which will not require hospital time, surgery, physical rehabilitation, or other costly treatment methods, you may not need to hire a personal injury attorney.
As a general rule, the more serious the injury, the costlier the damages, the more likely the at-fault insurance company will balk at paying a fair settlement. At Rispoli & Borneo, P.C., we have helped a significant number of victims obtain the maximum amount of compensation for their injuries. Call us to discuss your case with our personal injury attorney and discover if we might be of assistance to you.
Uncooperative Insurance Carrier
You may have already filed a claim on your own with the insurance carrier for the responsible party. It will not surprise our personal injury lawyer if your claim was unfairly rejected or at best, you were offered a ridiculously low settlement. Both scenarios are common. Why? Insurance companies are focused on maximizing their profits and significant payouts are a detriment to their bottom line.
When you have an experienced personal injury attorney from Rispoli & Borneo, P.C. representing you, the average insurance company will treat you differently than if you do not have a lawyer. In addition to presenting them with a claim that is reinforced with documentation and proof, there is the very real possibility that if they do not negotiate in good faith, we may take the insurance company to court. These are compelling reasons for them to pay our client a fair settlement. After a thorough review of the circumstances surrounding your accident and resulting injury, our personal injury attorney can provide you with an estimate of how much of a settlement you can expect to receive.
Advocating for Newark Accident Victims
If you’ve been injured due to someone else’s negligence, contact a skilled Newark personal injury attorney to find out what your legal options may be for your pain and loss. Call Rispoli & Borneo, P.C. to schedule a free consultation. Our personal injury attorneys have been advocating for injured victims for more than 20 years and can fight to get you the compensation you deserve.
Many accident victims make the mistake of trying to pursue their personal injury claim on their own, without the assistance of a Newark personal injury attorney. What ends up happening in the majority of these cases is that the victim settles for far less than what their case was really worth, or the insurance company denies the claim completely. The truth is that personal injury claims can be very complicated and take the skill and legal expertise of a seasoned personal injury attorney to get the results accident victims deserve.
In order to be successful in a personal injury case, the victim must prove that the defendant (the person they are suing who is allegedly at fault for the accident) caused the accident that resulted in their injuries. In most states, it must be shown that the defendant was at least 51 percent at fault in order for the victim to be compensated. There are several states whose personal injury statutes state that if the victim is even 1 percent at fault, they cannot collect damages. Your personal injury attorney will be able to determine how your state laws affect your case.
Why Else Do I Need a Personal Injury Attorney
It is also critical to remember in a personal injury case that insurance companies are in the business to make money and, therefore, will do everything in their power to avoid giving a victim the financial compensation they deserve, no matter how much the victim has suffered. They will often accuse the victim of lying about how they were hurt or accuse them of faking their injuries. Having a personal injury attorney fighting for you and protecting your rights will ensure you that you will get the justice you deserve. Your Newark attorney will also act as a buffer between you and the insurance company and will handle all contact, correspondence, and negotiation on your behalf, allowing you to avoid these stressful situations and be able to just focus on your recovery.
What Are Medical Damages in a Personal Injury Case?
As a New Jersey resident, a car accident, a physician’s malpractice or a serious head injury due to someone else’s carelessness can cause you considerable suffering. The resulting financial impact can feel overwhelming and medical costs can build quite rapidly. Speaking to a Newark Personal Injury Attorney can help you understand what types of medical costs you can include in a lawsuit to recover compensation for your injuries.
A Hospital Stay
After a serious injury, you might require a lengthy stay at a local hospital. Medication, x-rays and other diagnostic tests, such as those that detect internal injuries, may all be required during the stay, causing the cost to skyrocket. You may be allowed to include these costs in your lawsuit, as they were all the direct result of the injury you suffered due to someone else’s actions.
If your injuries were serious enough that you required air or ground transport to a medical facility, you can hold the responsible person or company liable for these costs. You can also ask your Newark Personal Injury Attorney if you can ask for compensation for costs to and from current medical treatments connected to your treatment as well, such as if you require rehabilitation or medication therapy several times a month.
A serious injury can result in limited mobility or issues with speech, such as in the case of a traumatic brain injury. You may require different types of therapy to rebuild muscle, retain your memory and work on your ability to speak. The cost of such therapy can be considerable, but if the treatment is directly connected to the incident that injured you, you may be able to add it to the amount you request for compensation.
The mental and emotional anguish of an injury can leave you with post-traumatic stress disorder, anxiety and depression. While these damages may be more difficult to prove and awards in New Jersey courts are usually infrequent, it is possible to request them. Punitive damages, or those that arise from actions that are especially careless or negligent on the part of the alleged defendant, may be awarded if your Newark Personal Injury Attorney can prove that the accused party acted with malicious intent or was extremely reckless and failed in the duty of care to those around them.
The financial burden of a personal injury can overwhelm you, especially when returning to work is not possible, but there is help available. Contact an attorney today for a consultation and further information.
Let Our Legal Team Help You
If you have been injured in an accident caused by another party, contact a Newark personal injury attorney from Rispoli & Borneo, P.C. to find out what your legal options may be. We will set up a free and confidential case evaluation and go over the details of your case to determine what type of damages you may be entitled to.
If you have lost a loved one in an accident because of the negligence of recklessness of another party, our Newark attorneys can help your family obtain justice against those responsible for your loss. We understand that no amount of money will ever make up for the loss of your loved one, but we also understand the financial burdens these losses cause families.
Reasons a Personal Injury Case May be Unsuccessful
Are you suffering from injuries that were the cause of a negligent party? Are you unsure of where to turn? Are you fearful to pursue a personal injury case for fear that you may walk away empty handed? Rispoli & Borneo P.C. has the skills and experience needed to help you endure this process. Not only will we work hard to represent you, we will legally strategize so that you may obtain the outcome you deserve.
One thing accident victims fear most during a personal injury case is walking away without compensation for their losses. There are a number of reasons a personal injury case may be unsuccessful. However, by carefully reviewing your case, a Newark personal injury attorney will work hard to ensure that you have the best possible chance at a successful outcome.
Reason #1 You Choose to Represent Yourself
Although representing yourself in your own personal injury accident can seem fairly straightforward, this is not always the case. Forgoing the guidance of a Newark personal injury attorney can cause a number of problems down the road. When a complication arises, it can be difficult to determine the proper course of action. Should you choose to represent yourself, you will be responsible for filing paperwork within the proper timeframes, negotiating with the defendants attorneys or insurance company, and building a case that makes up key elements to personal injury. With an attorney like Rispoli & Borneo P.C. you won’t have to manage the inner workings of the legal system. Not only can this give you the best chance at a successful outcome, it can also help to reduce the stress you may experience throughout your case.
Reason #2 Not Enough Evidence
It will be important to present clear and strong evidence that supports your case. Beginning to gather evidence from the start can be helpful when pursuing a personal injury case. Additionally, it may be a good idea to write down your own account of the events that transpired on the day of your accident. In addition to the impact and experiences in the days and weeks following. Other evidence that may help to support your case may include:
- Photographs of the accident
- Accident Reports
- Police Reports
- Photographs of Your Injuries
- Witness Statements
- Medical Records
- Any expenses that resulted from the accident
Reason #3 Inadvertently Admitting Fault
Insurance adjusters will work to reduce a settlement offer in any way they possibly can. This can include investigating your case to determine if you were in any way responsible for the accident. It can be easy to unknowingly take the blame or admit fault in an accident. This can result in a reduced settlement offer in the long run. Our Newark personal injury attorney can work closely with you by coaching you in how conversations with attorneys and insurance companies should be managed. In addition, we can take on most of the communication with the defense to ensure that your rights are protected throughout.
Reason #4 Allowing the Statute of Limitations to Lapse
The statute of limitations is the timeframe accident victims have in order to pursue an accident claim for their injuries. In most states, the statute of limitations is 2 years. Once the clock runs out, accident victims are not likely to be able to pursue their personal injury cases. Speaking with a Newark personal injury attorney soon after your accident will be the best way to initiate the process and ensure that deadlines and timeframes are adhered to.
Don’t let the opportunity to be compensated for your accident pass you by. Contact Rispoli & Borneo P.C. today so that we may begin working to provide you with the best opportunity at a favorable outcome.
When Innocent Bystanders Are Hit by a Police Cruiser
Incidents of offenders on the loose or fleeing suspected criminals gives cause for law enforcement to pursue offenders in open areas and on public roads. These roads and surrounding areas are, more often than not, full of innocent bystanders. National statistics show that at least one person is killed every day during a police pursuit and that approximately one-third of those killed were innocent bystanders.
What happens when an innocent person is hit and seriously injured in a police chase? Can fault be leveled at the police department involved or do they have justification that absolves them of liability?
If this has happened to you or someone in your family, call an experienced personal injury attorney in Newark right away. Understanding your legal rights should not be overlooked. It is possible you could recover a financial settlement for injuries caused. This would go a long way in helping cover exorbitant medical costs.
To Chase or Not to Chase
According to New Jersey law enforcement protocol, when a police officer is forced to make a decision of whether or not to begin or end a high-speed chase of a fleeing suspect, they need to evaluate how critical it is to stop catch the suspect at that moment and weight it against the risks the chase has on the public. Many law enforcement agencies instruct their officers to consider the speeds involved, the maneuvering required to maintain vehicle control, the volume of pedestrian and vehicular traffic, and weather and road conditions.
Obviously, in the moment, an officer’s discretion, experience, and decision-making skills take over. Unfortunately, the end results can be deadly. People in cars, pedestrians, and cyclists all stand to be horrifically injured if they unwittingly get caught up in the chase.
Although no official national numbers exist, police departments across the country carry reports of crashes between police cruisers and members of the public. Some agencies have even acknowledged that hundreds of accidents were the result of troopers driving too fast, ignoring traffic signals, or violating other safety rules.
These are the factors which contribute to crashes and innocent lives being lost, including:
- Officers often drive at high speeds to pursue suspects or respond to emergencies (and have been known to speed even when not responding to an emergency). This is often perceived as acting as if they are “above” the speed laws.
- Driving during bad weather
- Distractions from laptops mounted in their vehicles to constant activity on their police radios.
It is not uncommon in these tragic situations for police departments to claim an injury or death occurred after the police chase had terminated. Or that the bystander did not clear out of the way in time for oncoming or approaching police vehicles. However, it has been shown in studies that innocent third-party drivers who do hear the siren often have no time to react.
If you or a loved one has suffered injuries as an innocent bystander during a police chase, call Rispoli & Borneo, P.C. to discuss your legal rights. Based on the circumstances of the case, you may be entitled to financial compensation for your injuries. Contact our firm to meet with a Newark personal injury attorney today.
When a person is injured in an accident or incident that is caused by another party’s negligence, then that injured victim has the right to pursue compensation under the laws of the New Jersey. The different types of incidents that fall under personal injury claims or lawsuits include car accidents, truck accidents, premises liability, and defective or dangerous products. Basically, any incident that was preventable that results in an injury qualifies as a personal injury case. In order to be successful in a claim, a Newark personal injury attorney must prove that the other party was negligent.
Under the law, negligence is typically defined as a reckless or careless action or behavior that can cause injury to an individual. In a personal injury claim, there are four elements that must be met in order to prove that the defendant (the party being sued) was negligent and therefore responsible for any losses the victim has suffered due to their injuries. The four elements are:
Duty: A personal injury attorney can point to one of two different types of duty. The first is general duty. This type of duty applies to almost everyone and in almost every situation. Everyone is expected to conduct themselves in a reasonable manner, whether it is behind the wheel of a vehicle or as a property owner. The second type of duty is referred to as special duty. Special duty is duty that is imposed because of the laws of the federal or state government.
Examples of parties that special duty may apply to are common carriers, such as trucking companies, bus companies, and train companies. There are certain federal and state regulations that only apply to drivers of those types of transportation vehicles that do not apply to passenger vehicle drivers.
Breach of Duty: Once a personal injury attorney has proven that the defendant had a duty of care to the victim, the next element that needs to be proven is that the defendant breached that duty. This means that they behaved in a way that violated the required duty of care. For example, a driver who is texting has breached their duty of care.
Causation: The personal injury attorney must then prove that the breach of duty caused the incident that resulted in the victim’s injury. Using the texting and driving example above, if that texting driver hit another vehicle and the driver in that vehicle was injured, the first three elements have been met. The accident – which injured the victim – was a direct result of the texting driver.
Losses or Damages: Now that the personal injury attorney has proven the first three elements of negligence, he or she must now prove that the victim suffered losses from their injuries. This can include medical expenses, loss of income from not being able to work, pain and suffering, scarring, and more. A Newark attorney will be able to determine what those losses are for each individual case.
If you have been injured in an incident caused by another party, contact Rispoli & Borneo, P.C. to set up a free case evaluation with a Newark personal injury attorney today.