Personal Injury Lawyers in New Jersey

New Jersey Personal Injury Lawyers

Welcome to Gencarelli and Rimassa Law Firm, your trusted personal injury lawyers in New Jersey. We are dedicated to providing compassionate and zealous legal representation to individuals throughout New Jersey who have suffered from various types of personal injuries, from serious, life altering physical injuries to lesser, non-life threatening physical injuries.

With years of experience and a deep understanding of personal injury law, our team of attorneys at Gencarelli and Rimassa Law Firm is here to fight for your rights and help you obtain the compensation you deserve. We believe that no one should have to suffer the physical, emotional, and financial burdens caused by someone else’s negligence or wrongdoing.

What is the Legal Definition of Personal Injury in the State of New Jersey?

The term personal injury refers to any physical or emotional harm caused to an individual as a result of someone else’s negligence, carelessness, recklessness, failure to act, or wrongdoing. In New Jersey, personal injury law covers a wide range of accidents and incidents that result in injuries, such as car accidents, slip and falls, trip and falls, medical malpractice, professional malpractice, dog bite incidents, workplace accidents, construction site accidents, trucking accidents, motorcycle accidents, injuries caused by defective or dangerous consumer products, and more.

When you or a loved have sustained a personal injury due to no fault of your own but because of the negligence or carelessness or another person or company, it can have a significant, negative impact on your life. Medical bills, hospital bills, lost wages, pain and suffering, physical injuries, disability, and emotional distress are just a few of the challenges you may face. That’s why it is absolutely crucial to seek legal representation from experienced personal injury lawyers who can help you navigate the complex legal process and fight for the compensation you deserve.

At Gencarelli and Rimassa Law Firm, we understand the physical, emotional, and financial toll that personal injuries can take on individuals and their families. Our team of dedicated attorneys has extensive knowledge and experience in handling personal injury cases throughout New Jersey and New York, in both the state and federal courthouses. We are committed to providing compassionate, personalized, and attentive legal representation to ensure that your rights are protected and that you receive the compensation you deserve in order to protect you and any family members that depend on you.

Common New Jersey Personal Injury Cases

The most popular personal injury cases in New Jersey include car accidents, slip and falls, dog bite incidents, trip and falls, medical malpractice, other professional malpractice such as legal malpractice, accountant malpractice, engineer malpractice, and licensed broker or agent malpractice, as well as product liability and defect matters, workplace accidents, trucking accidents, and construction site accidents. These cases can result in serious injuries and significant losses for the victims, which is why many people choose to pursue personal injury claims to seek compensation for their damages.

Slip and Fall Accidents

Slip and fall accidents and trip and fall accidents are a common occurrence in North Jersey, ranking second among the most frequent lawsuits that are filed in the state courthouses of New Jersey. These personal injury cases are prevalent throughout New Jersey, and they can result in serious injuries, often times requiring surgery. Commercial property owners throughout New Jersey have a responsibility to inspect their premises and remedy any hidden or obvious dangers that could lead to slip and fall or trip and fall accidents, and this same legal duty is sometimes applied to residential property owners under certain circumstances. Liability in these cases often depends on whether the property owner knew about the hazard and failed to address it, or should have known about the hazard, as well as the type of property it is – whether it is commercial or residential property.

One contributing factor to the prevalence of slip and fall accidents in North Jersey is the lack of repair work in business parking lots and sidewalks. Cracks, potholes, and other defects in these areas can pose a significant risk to pedestrians, especially during inclement weather conditions.

Homeowners can also be held at fault if they fail to address obvious dangers on their property that they themselves created or knew about but failed to address. For example, if a homeowner neglects to fix a broken stair or if they construct a new sidewalk but in doing so create a tripping hazard by making the sidewalk uneven and raised, they may be held legally responsible in a court of law for any injuries that occur to a pedestrian or an invited guest to their home as a result of their negligence or failure to act.

Car Accidents

Car accidents, a prevalent issue in New Jersey given how densely populated the State of New Jersey is, often involve negligent driving, failure to follow traffic rules, or distracted driving. These unfortunate incidents can result in serious injuries and even fatalities. When a person is injured in a car accident due to someone else’s negligence, they have the right to pursue a personal injury lawsuit to seek compensation for their injuries.

In New Jersey, personal injury lawsuits arising from car accidents are common. The injured person can seek compensation for medical and hospital bills, lost wages or income, other household expenses that the injured person can no longer do and must hire and pay someone else to do, pain and suffering, any permanent disability, disfigurement, or permanent injury that may result, and other related damages. It’s important to note that New Jersey operates under a no-fault insurance system, which means that injured parties typically turn to their own insurance companies for compensation to pay for their hospital and medical bills. However, there are exceptions to this rule, most often seen when a person does not own a motor vehicle or reside with a family member that owns a motor vehicle. In such situations, the injured person can turn to a fund managed by the State of New Jersey that is used to pay for hospital and medical bills for persons injured in motor vehicle accidents but that do not own a motor vehicle and therefore, do not have automobile insurance. In addition, persons that are injured in motor vehicle accidents in New Jersey can turn to their own car insurance policy to receive compensation for their injuries in a hit-and-run situation, or when the negligent driver of the other automobile that struck them fails to have adequate bodily injury insurance coverage, they can then seek compensation for their injuries under the underinsured (known as “UIM”) or uninsured (known as “UM”) provisions of their own car insurance policy.

If you reside in New Jersey and have what is known as a “verbal threshold” or “lawsuit limitation” on your car insurance policy, then before you can file a lawsuit in a car accident case in New Jersey certain criteria must be met. For instance, you must have sustained a permanent injury, as determined by a medical professional, suffered permanent disfigurement, or other grave harm. Additionally, you must demonstrate that the other driver’s negligence caused the accident and resulting injuries. However, if you do not select the “verbal threshold” or “lawsuit limitation” option on your car insurance and instead select the “full tort” or “no lawsuit limitation” option in exchange for paying a higher car insurance premium, you can seek compensation for any injuries sustained in a motor vehicle accident, regardless of how serious they may or may not be. Finally, it is important to note that if you are involved in a motor vehicle accident with a commercial vehicle, it does not matter if you selected the “verbal threshold” or “lawsuit limitation” because you can seek legal recourse for all of your physical and non-physical injuries sustained in a such a motor vehicle accident, regardless of whether the injuries are permanent or not. Lastly, if you do not own a motor vehicle and get the New Jersey state fund to pay for your hospital and medical bills related to a car accident in New Jersey, in such a situation you also do not have to prove a permanent injury in order to seek legal recourse for your injuries and any and all injuries are compensable, regardless of their seriousness or permanency.

Workplace Injuries

Moving from the discussion of car accidents, another area of personal injury law in New Jersey focuses on workplace injuries. Workplace injuries can occur as a result of accidents or hazards within the work environment. Employers have a legal duty to provide a safe working environment for their employees and so if a worker is injured while at work, performing his or her job duties, regardless of fault the injured worker can seek and will be entitled to obtain worker’s compensation benefits for their injuries and lost wages by filing a worker’s compensation claim. In addition, if another party is other than the employer is responsible, at least in part, for the worker’s injuries, then the injured worker can file a lawsuit in the state of federal courthouses of New Jersey directly against that other party or that other company, other than their employer, to obtain compensation for their physical injuries, lost income, and for any resulting disability that the injured worker has sustained as a result of the negligence and carelessness of the third party.

Workers’ compensation is a system that provides medical benefits and wage replacement to injured workers. However, it’s important for injured workers to document and gather evidence of their workplace injuries in order to support their workers’ compensation claims. This documentation can include medical records, accident reports, witness statements, and any other relevant evidence.

Navigating workplace injury cases can be complex, especially if a third-party other than the injured worker’s employer is partly or fully responsible for the worker’s injuries, which is why it’s crucial to seek the assistance and representation of an experienced personal injury lawyer. A knowledgeable lawyer can guide injured workers through the legal process, ensuring that they receive the rightful compensation they deserve for their workplace injuries.

Medical Malpractice

When pursuing a medical malpractice case, it’s essential to understand the claims of negligence or failure to meet the standard of care by healthcare professionals. Medical malpractice cases can be complex and require extensive investigation, expert opinions, and legal proceedings.

For New Jersey residents who have a good faith belief that they have suffered harm as a result of the negligence or failure to act of a licensed medical professional, whether that is a physician, a nurse, while in-patient at a hospital or licensed nursing home, or as a result of the fault of another licensed medical professional, or if you have been turned away and not received reasonably necessary medical care in an emergency department of a hospital located in New Jersey, it is important to consult with an experienced personal injury attorney who specializes in medical malpractice. The attorneys at Gencarelli and Rimassa Law Firm have combined nearly forty years experience representing individuals that have been seriously and irreparably harmed as a result of the negligence or carelessness of the medical community.

Here are four key points to consider when dealing with medical malpractice:

Damages: In medical malpractice cases, damages can include medical expenses, loss of income, disfigurement, disability, compensation for pain and suffering, and sadly but not all that rare, death. A skilled personal injury attorney who has specific experience representing injured persons in medical malpractice matters can help determine the full extent of your damages and fight for full compensation.

Statute of Limitations: It’s crucial to be aware of the statute of limitations for medical malpractice lawsuits in New Jersey. Failing to file a claim within the specified time period can result in the loss of your right to seek legal recourse. In New Jersey, generally a person injured as a result of medical malpractice or medical negligence has two years from the date of the malpractice to file a lawsuit against the medical professional for compensation, although there are some limited circumstances where the period of time is greater than two years. It is very important to speak with an experienced medical malpractice attorney as soon as you can after the occurrence of the malpractice, and certainly within the two year period, in order to preserve your rights.

Expert Testimony: Expert testimony plays a crucial role in medical malpractice cases. These experts help establish the breach of standard of care and causation by comparing the actions of the healthcare professional to the accepted medical standards within the particular community, as well as causally related the injuries sustained to the medical professional’s negligence or failure to act.

Legal Representation: Having a knowledgeable personal injury attorney by your side with specific experience representing individuals harmed as a result of medical malpractice is absolutely essential in navigating the complexities of a medical malpractice case and in persevering in such a matter. They can gather evidence, work with medical experts, understand the nuanced complexities of the field of medical malpractice law, and can fight for your rights to ensure you receive the full compensation you deserve.

Product Liability

After understanding the complexities of medical malpractice cases, it’s important to now shift our focus to the topic of product liability or defective product cases.

Product liability is a significant aspect of personal injury cases, as it involves injuries caused by defective or dangerous products, most often products or goods that are sold to individual consumers. Common types of personal injury cases in this area include injuries caused by faulty car parts, defective medical devices, dangerous household products including common kitchen appliances, personal hygiene products that contain harmful chemicals or substances without required warnings, and dangerous products that pose risk of severe harm or death to infants and young children, among other types of dangerous products.

Lawsuits filed under product liability or defective products seek to hold manufacturers, distributors, and retailers accountable for injuries resulting from their products. To establish liability, evidence of a defect in design or manufacture, inadequate warnings or instructions, or a dangerous deviation in the manufacturing process of a specific product must be presented. Unlike other personal injury cases, product liability cases may in some circumstances apply strict liability legal standards, meaning fault does not need to be proven, in addition to the possibility of recovery of punitive or treble damages if the negligence of the manufacturer is especially shocking, intentional, or willful.

Compensation for the injured person in product liability cases can include medical expenses, pain and suffering, disfigurement, disability, lost wages, and potentially punitive, treble, or other statutory damages. It is crucial for victims of product-related injuries to consult with a personal injury attorney who specializes in product liability law as these types of cases are highly complex and specialized. Product liability or product defect attorneys have experience navigating the intricacies of such cases and can help injured individuals seek the compensation they deserve. The attorneys at Gencarelli and Rimassa Law Firm have extensive experience representing persons injured as a result of defective and dangerous products throughout the state and federal courthouses in New Jersy and New York.

Benefits of hiring a Personal Injury Lawyer in New Jersey

There are several benefits to hiring a personal injury lawyer if you have been a victim of another person’s or company’s negligence or failing to act. Here are a few reasons why you should consider seeking legal representation in a personal injury matter:

Legal Expertise: Personal injury lawyers specialize in cases involving negligence, sometimes in a wide array of different personal injury areas of law. They have a deep understanding of the laws and regulations surrounding these types of cases, giving them the knowledge and legal expertise necessary to navigate the legal process effectively.

Case Evaluation: A personal injury lawyer can thoroughly evaluate your case to determine its strength and potential for success. They will assess the evidence, gather necessary documentation, and identify any negligence or wrongdoing on the part of the other person, company, organization, or even government entity. This evaluation will help you understand the strength of your case and the potential compensation you may be entitled to.

Negotiation Skills: Personal injury lawyers are skilled negotiators who can advocate for your rights and fight for full compensation on your behalf. They have experience dealing with insurance companies and other parties involved in the case, and they know how to navigate through the complex negotiation process. Having a lawyer by your side can significantly increase your chances of receiving a full and fair settlement.

How Much Compensation Can You Receive for Personal Injury Claims in New Jersey?

Personal injury claims can potentially provide compensation for various damages and losses that you have incurred as a result of the negligence and carelessness of another person, company, or government entity. The specific types of compensation you may be entitled to can vary depending on the circumstances of your case, but commonly sought after types of compensation include:

1. Medical Expenses:Personal injury claims often seek compensation for medical expenses related to the injuries sustained due to the negligence or carelessness of another person or company. This can include hospital bills, doctor’s fees, medication costs, rehabilitation expenses, and any other necessary medical treatments.
2. Pain and Suffering:Compensation for pain and suffering aims to provide financial assistance for the physical and emotional distress caused by the other party’s negligence. This can include ongoing pain, mental anguish, emotional trauma, loss of enjoyment of life, and other non-economic damages.
3. Lost Wages:If you were unable to work due to the injuries sustained from another person’s negligence or carelessness, you may be entitled to compensation for lost wages or future income. This can include both past and future lost earnings, as well as any loss of earning capacity or opportunities for advancement that may have been affected by the other party’s negligence or failure to act.

Contact Gencarelli and Rimassa Law Firm Today for a Free and In-Depth Discussion About Your Personal Injury Claim 

If you or a loved one has experienced injuries due to the negligence or carelessness of another person, company, organization, or government entity and believe you may be entitled to compensation, it is crucial to seek legal assistance as soon as possible. At Gencarelli and Rimassa Law Firm, we have extensive experience in handling personal injury cases in the federal and state courthouses of New Jersey and New York. Contact us today for a free, in-depth discussion about your claim or situation. If we take on your case, we will do everything we can to help you receive the full compensation that you deserve.