Every day across New Jersey, individuals suffer accidents: slip and falls, car crashes, dog bites, and more. In some cases, these accidents are just that — unfortunate things that just happen to people. But in other situations, these accidents occur because someone was negligent.
When a person is hurt because of something that someone else did or failed to do, the injured person may be entitled to compensation. Under New Jersey law, personal injury claims are based on a theory of negligence. If you can demonstrate that another party was negligent, you may be able to recover for your losses.
At Mattiacci Law, we represent clients throughout New Jersey. With an office in Moorestown, we serve clients in Camden, Trenton, Cherry Hill, Mt. Laurel, Atlantic City, Sea Isle City, Ocean City, Cape May, Woodbury, Glassboro, Camden County, Burlington County, Mercer County, Gloucester County, Ocean County and Cape May County. We offer free initial consultations to all prospective clients, and never charge a fee unless we recover money for you.
Attorney John Mattiacci has recovered millions of dollars on behalf of clients in New Jersey personal injury cases. He aggressively advocates for each of his clients, working hard to help each of them obtain the best possible outcome. To learn more, contact our office today at 855-659-6976 or contact us online to schedule a free consultation with an experienced Philadelphia personal injury attorney.
Cities we serve in New Jersey
- Camden, NJ
- Trenton, NJ
- Moorestown, NJ
- Cherry Hill, NJ
- Mt. Laurel, NJ
- Atlantic City, NJ
- Sea Isle City, NJ
- Ocean City, NJ
- Cape May, NJ
- Woodbury, NJ
- Glassboro, NJ
- Camden County
- Burlington County
- Mercer County
- Atlantic County
- Gloucester County
- Ocean County
- Cape May County
Types of New Jersey Personal Injury Cases
We expect the products that we use every day, from the medicine that we take to the food that we eat to the cars that we drive, to be safe. Too often, these products fail to meet minimum safety guidelines. If you have been injured by a dangerous or defective product, you may be entitled to compensation for your losses.
Wrongful death claims are brought on behalf of an estate for beneficiaries. These claims are usually limited to certain recoverable damages. This does not include pain and suffering damages suffered by the person who died. It instead includes losses sustained by certain beneficiaries of the person who died. This can include the loss of current and future financial support, loss of assistance, guidance, and companionship, and hospital, medical and funeral expenses according to N.J. Stat. Ann. § 2A:31-1, et. seq.
If a person’s death is caused by the wrongful actions or neglect, or default of another person or entity (such as a business), that person’s survivors may be able to bring a survivor action claim. Under New Jersey law (N.J. Stat. Ann. 2A:15-3), survival actions can be brought if the person who died could have filed a personal injury lawsuit in court against the responsible party had he or she not died.
In 2017, there were 270,231 motor vehicle crashes in New Jersey, which includes 591 fatal accidents. These collisions can have a devastating impact on any drivers, passengers, and pedestrians involved. If you have been injured in a car accident, a skilled New Jersey personal injury attorney can work with you to help you get the compensation that you deserve.
Across the United States, bus accidents are a serious problem for both passengers and other drivers on the road. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2014, there were 22,000 people injured in bus crashes. In that same year, 234 buses were involved in fatal crashes. Bus accident cases can be complex, and require the assistance of an experienced lawyer.
In 2017, there were 3,600 construction accidents in New Jersey, including building construction, highway, street and bridge construction, and all other types of construction across the state. These types of accidents can have devastating consequences, leading to long-term or even fatal injuries.
Although federal and state laws require the use of safety systems to prevent trenches from collapsing, along with trench inspection by a qualified inspector at regular intervals, dozens of construction workers are killed each year and many more are injured by a trench collapse. If you or a loved one has suffered an injury in a trench collapse, a seasoned attorney can help.
Over 800,000 people each year are hospitalized due to a fall, often because of a head injury or a hip fracture. The risk of a fall is particularly serious for older people, with more than 3,000,000 people aged 65 or older treated in emergency rooms for fall accidents. When falls are caused by the negligence of another person or organization, you may be able to recover compensation for your injuries.
Electrocution and Electric Shock Accidents
Downed power lines, defective equipment, and failure to properly mark the location of power lines before excavation are all potential causes of electrocution accidents. This type of personal injury often occurs on construction sites, but may also happen in homes and neighborhoods. Anyone injured by electrocution or electric shock may be able to file a legal claim against the responsible party or parties.
In New Jersey, dog owners are strictly liable for injuries their dog causes, even if it had never shown any type of aggression before. As long as the victim can show that he or she was not trespassing at the time of the bite, he or she will be able to recover. An experienced personal injury lawyer can help you recover if you have been injured by a dog bite.
Liquor Liability and Dram Shops
New Jersey has what is known as a “dram shop” law, which allows victims of a drunk driving accident to seek damages from the establishment that served the drunk driver in certain circumstances. If the bar or other business served or sold alcohol to a visibly intoxicated person or a minor, then it may be liable for the injuries caused by that person’s drunk driving under New Jersey law.
Civil Rights Violations
If a government official, or someone acting on behalf of the government, deprives you of your civil rights, you are entitled to justice under federal civil rights law. The use of unnecessary force by a police officer is an example of a civil rights violation that may be actionable under federal law.
Assault & Battery Cases
Personal injury cases are typically based on a theory of negligence. However, under New Jersey law, a person may be sued for the injuries that they intentionally cause. For example, if a bouncer at a night club roughs you up, you may be able to file a claim against the bouncer and/or the club. Even if a criminal case is pending against your assailant, you can still file a lawsuit for injuries suffered as a result.
Negligence under New Jersey Law
Personal injury cases in New Jersey are based on a standard of negligence. The injured party, known as the plaintiff, has the burden of proving that the other party (the defendant), was negligent, and that this negligence cause his or her injuries.
Under New Jersey law, negligence is the failure to exercise the degree of care for the safety of others that a person of ordinary prudence would exercise in similar circumstances. To prove a negligence claim, a plaintiff must establish four elements: duty, breach, causation, and damages.
Duty of Care
First, a plaintiff must demonstrate that the defendant owed the plaintiff a duty of care. This means that the defendant had an obligation to act as a reasonable person would under the circumstances in relation to the plaintiff. In a car accident case, a defendant has a duty to operate his or her vehicle safely and with regard for other drivers on the road.
Breached Duty of Care
Second, a plaintiff must show that the defendant breached the duty of care and failed to act as a reasonable person would have. For example, if a defendant was texting and driving, that may be an example of a breach of his or her duty of care to operate a vehicle safely.
Third, a plaintiff must prove a link between the defendant’s breach of the duty of care and the plaintiff’s injury. In the car accident example, the plaintiff must show that it was the defendant’s texting and driving that caused the crash and led to his or her injuries.
Fourth, the plaintiff must demonstrate the losses that he or she has suffered as a result of the defendant’s negligence. These injuries will be the basis of any damages awarded by the jury.
Damages that May Be Recovered in a New Jersey Personal Injury Claim
In a New Jersey personal injury case, a plaintiff may be able to recover a range of damages for their losses, either through a settlement with an insurance company or an award from a jury. Generally, these damages are meant to compensate a person for the losses that they have suffered.
Depending on the facts of the case, an injured party or their family may receive compensation for:
- Medical treatment (including past and future care);
- Lost wages;
- Loss of future earning capacity;
- Pain and suffering;
- Emotional distress;
- Wrongful death; and/or
- Loss of companionship.
In rare cases, punitive damages may be available in New Jersey personal injury claims. Unlike other types of damages, punitive damages are not intended to make the victim whole. Instead, they are meant to punish the wrongdoer and deter others from engaging in similar conduct.
Because punitive damages are usually only available for cases involving intentional conduct or recklessness, they are not often awarded in typical personal injury cases. However, if they are awarded, they can significantly increase the total amount of compensation in a case.
In some cases, a plaintiff’s recovery may be reduced or barred if they are partially at fault for an accident. New Jersey follows what is known as a modified comparative fault rule. Under this rule, if a plaintiff is found to be 51% or greater at fault for an accident, they cannot recover damages.
However, if a plaintiff is 50% or less at fault, the amount of recovery is reduced by that percentage. For example, if a plaintiff is awarded $100,000 in damages and is found to be 40% at fault, the award will be reduced by 40%, for a total recovery of $60,000.
How a New Jersey Personal Injury Attorney Can Help
If you have been injured in any type of accident due to the negligence of another person or entity, you may be entitled to compensation. Under New Jersey law, if a person, business or another organization acts with negligence, injured parties can recover for their losses. A skilled New Jersey personal injury attorney can work with you to help you obtain the compensation that you deserve.
With an office in Moorestown, Mattiacci Law represents clients throughout New Jersey. In nearly two decades of practice, we have helped thousands of people recover for their injuries. Contact us today at 856-219-2481 or reach out online anytime to schedule a free initial consultation with a member of our legal team.