Experienced Personal Injury Attorney In Passaic County, NJ
If you have been in an accident in which you suffered a serious injury, all legal aspects of your physical, financial and emotional losses must be considered. Our Passaic County personal injury lawyer can seek full and fair compensation for your medical expenses, lost wages and benefits, and pain and suffering.
Get to Know The Montanari Law Group, LLC
The Montanari Law Group, LLC, provides experienced injury representation from knowledgeable, compassionate personal injury attorneys in Passaic County. We handle a broad range of personal injury cases, including:
Our law firm takes the time to educate our clients about personal injury law. We want to make sure that you understand your rights. It is important that our clients play as active a role in their case as they choose. We believe it allows us to represent you more accurately and successfully.
If you or your loved one has been seriously injured or been victim of a wrongful death, it is important to contact an attorney who is experienced in personal injury law and is capable of presenting your case before a judge and jury. Our firm employs Certified Civil Trial Attorneys to assist you at the time of trial.
Do I Have a Valid Injury Claim Under New Jersey Law?
People often forego seeking compensation for personal injuries because they are unsure if they qualify for financial settlements. The reality is that many of these people do a disservice to themselves by not seeking the advice of an attorney and seeking compensation. If your injuries were caused by the negligent or reckless behavior of another person, it is likely that you have a legal claim for liability in which you could seek financial recovery.
How is Negligence Defined in Accident Cases?
Negligence is the failure of a person to act as a reasonable person would. Under the law, every person must act with a reasonable degree of care for those around them. Essentially, a person who acts negligently either fails to avoid or minimize the risk of harm to another person by doing something or not doing something.
For example, perhaps Jan and Jack are selling their home and they have an open house planned. Jan and Jack know that there is a sharp metal stake in the ground next to the swing because a jungle gym was previously there and there was one piece leftover. They did not remove the stake, did not tell their realtor, and failed to warn guests about the stake. Unfortunately, a small boy is injured when he runs towards the swing set, trips, and hits his face on the stake. The little boy loses his eye and has massive scarring. He needs reconstructive surgery as well as a prosthesis.
In the example above, Jan and Jack may be found negligent because they failed to do something that would have avoided harm to the young child. Even if Jan and Jack could not remove the stake themselves, they could have warned visitors about its whereabouts and put something up around or over the stake to avoid someone being injured. This is one of countless examples of negligence that may be a source of legal liability.
Types of Negligence Under New Jersey Law
Under New Jersey law, negligence is not limited to injuries occurring on residential properties. In fact, the theory of negligence applies in almost any scenario.
For example, common situations in which negligence is present include: motor vehicle accidents, supermarket slip and falls, swimming pool accidents, playground accidents, bar brawls, hit and runs, bicycle accidents, construction accidents, and accidents involving pedestrians.
What is Recklessness in an Injury Claim?
In addition to negligence, the other party can be responsible for an accident if their own recklessness causes injuries. Recklessness occurs when a person knows that there is a risk of injury but disregards this risk. In other words, a person’s conduct is reckless when they do something knowing it is likely to place someone else in harm’s way, and yet they do not curtail their conduct.
For instance, if a person speeds down a residential street with a posted speed limit of 25 mph, traveling at 50mph would be considered reckless. Knowing that pedestrians may be present and subsequently hitting a pedestrian constitutes recklessness, meaning that the pedestrian may have grounds to file a claim for their injuries.
Of course, not every scenario is as clear-cut as those above, but these standards can be applied to a set of particular facts. Attorneys with experience handling personal injury matters know how to compare the facts of your case with the standards of negligence and recklessness.
The Statute of Limitations for a Personal Injury Claim
Serious injuries from accidents happen across New Jersey every year. For example, NJDOT receives around 320,000 crash reports each year, according to data from state and local law enforcement agencies. State Police data showed that 647 crashes killed 684 people in 2024, including 230 pedestrians.
New Jersey law imposes a statute of limitations on most personal injury claims. N.J.S.A. 2A: 14-2 establishes that an action for an injury to the person caused by the wrongful act, neglect, or default of another must be commenced within two years after the cause of action arises.
The statute of limitations can apply to claims arising from car accidents, slip and fall accidents, pedestrian accidents, and many other types of accidents. Delaying can also cause problems even before the deadline arrives. Surveillance video may get overwritten. Witnesses may become harder to track down. Conditions in the location of an accident may change.
Exceptions may alter the deadline that applies based on the facts of a particular case. Because of this, the date of the accident should not be the only factor considered when trying to determine how long someone has to file a claim.
The 90-Day Notice Requirement for Claims Against Public Entities in New Jersey
Claims against New Jersey public entities have additional requirements under the New Jersey Tort Claims Act. Generally, the law requires claimants to serve a Notice of Claim on the public entity within 90 days after accrual of the cause of action.
This important deadline may apply if your accident involved a government agency or employee. The public entity defendant could include NJ Transit, Passaic County government, or your local municipality in cases such as an automobile accident with a government vehicle. Claims based on the allegedly dangerous condition of public property may also require this notice.
A Tort Claims Act notice is not the same as filing a claim for personal injuries. The Notice provides certain information about the claim to a public entity. The law allows a court to grant an extension for late notice under certain circumstances when an application is made within one year after accrual, and the other statutory requirements are met. Promptly determining if a government entity may be involved can help claimants meet these requirements.
How Does New Jersey’s Comparative Negligence Rule Apply?
Just because you are partially at fault for an accident does not mean that you are barred from receiving compensation from someone else who contributed to the crash. New Jersey follows a modified comparative negligence statute.
When a plaintiff’s negligence is not more than the defendant’s negligence or multiple defendants against whom recovery is sought, a finder of fact may award that plaintiff damages reduced by that plaintiff’s percentage of responsibility.
Let’s say you were struck while crossing Broadway mid-block in Paterson by a driver who was speeding. Assume your total damages equal $100,000 and that you are found to be 25% at fault. Your total damages would be reduced by 25% to $75,000. However, if you were found to be 51% responsible compared with that defendant’s negligence, the comparative negligence statute would bar recovery from that defendant.
Understanding New Jersey’s Choice No-Fault Auto Insurance System
New Jersey motorists drive under a choice no-fault insurance system. Personal Injury Protection, also known as PIP, coverage typically pays benefits for medical bills associated with qualifying automobile accident injuries after a crash, regardless of who caused the accident, up to the terms and limits of the policy.
This is different from filing a liability claim against the person who caused your accident. PIP provides for certain benefits that you may be entitled to recover as the injured party, called first-party benefits. A liability claim would be against another person for losses that may be recoverable from the person who was at fault.
New Jersey drivers also make an important choice about their right to file a claim for non-economic damages when selecting their auto insurance coverage. This is known as the Limitation on Lawsuit Threshold or verbal threshold.
Why Should I Hire a Personal Injury Lawyer?
Most people assume that a personal injury case involves proving that another person caused their accident. A Passaic County personal injury attorney can help identify which statute of limitations applies and who may be responsible.
Additionally, when you hire a personal injury lawyer, they can investigate insurance coverage issues, help you understand if you should sign the insurance company’s liability release, preserve evidence, calculate economic losses, and identify if special rules apply to your claim.
FAQs
What Damages Can I Recover in a New Jersey Personal Injury Case?
The exact damages sought vary depending on the facts of each claim. Many personal injury claims provide compensation for both economic and non-economic damages. Damages may include compensation for medical bills, future medical treatment, lost income, pain and suffering, reduced earning capacity, and more. Every accident and injury is unique, so available damages depend on the specific facts of the accident.
How Is Pain and Suffering Calculated in New Jersey?
There is not a standard calculation used in every pain and suffering case in New Jersey. Some cases consider the severity of the injury, duration and extent of symptoms and required medical treatment, permanent limitations caused by the injury, and the manner in which the injury affected a person’s daily activities.
Medical records, testimony from your doctor, photographs of your injuries, and evidence of your physical restrictions may help prove the extent of someone’s non-economic damages.
Do I Have to Go to Court for a Personal Injury Claim?
Not every case needs to go to trial. Many personal injury claims are resolved through discussions between the injured victim, the attorneys representing the parties, defendants, and/or insurance companies. However, claims may need to be filed in certain circumstances, such as when liability is denied or disputed, the parties cannot agree on the value of a claim, or if settlement negotiations fail. If a claim is filed, it is possible for the parties to settle before trial.
Can I Recover Compensation for Future Medical Treatment?
Yes, an injured victim may be able to recover compensation for future medical treatment when there is evidence showing that it is more than likely the individual may need additional treatment. Your doctor can provide documentation of expected future surgeries, physical therapy or rehabilitation needed, medications, and any other medical needs that are reasonably likely to occur.
Contact our Passaic County, NJ Personal Injury Lawyers for a Free Consultation
Tough, smart, energetic lawyers — that is what we offer to you. Visit our Passaic County, NJ office and retain our experience to protect your rights and secure justice. Call our office today at 973-785-8181. The Montanari Law Group, LLC allows personal injury laws to make sense for you. If you prefer, you may use our contact page to speak to a Passaic County personal injury attorney.
Passaic County Personal Injury Lawyer Reviews
“Michael is knowledgeable, helpful, proactive, and an expert in his field. I had a very specific situation that he was able to expertly navigate and guide me through for the best possible result. I received exactly the outcome I was hoping for and it’s all thanks to the careful guidance and support of Michael and his team. Thank you again Michael!” – Aidan McGourty
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