Personal Injury Defense
Personal Injury Defense in NJ
Dealing with personal injury lawsuits can be challenging for any company. Working with a knowledgeable attorney who understands the personal injury claim process can provide added help for New Jersey and New York business owners, property managers and other individuals in presenting a solid defense against these claims. At the Di Lauri & Hewitt Law Group, we specialize in providing businesses and insurance companies with the best defense options in personal injury cases. Here are some key points to keep in mind if you have been served with a personal injury complaint.
The Right Legal Help Is Essential
Attempting to go it alone can be a risky proposition in personal injury cases. By retaining the services of a qualified attorney as soon as possible after being served with court papers, you can ensure that you receive the best and most effective representation in and out of court. This can help you protect your company financially and can reduce other negative effects of these events.
Types of Personal Injury Cases
Personal injury complaints can arise from a variety of causes. Some of the most common reasons for these lawsuits include the following:
• Injuries on the job, especially on construction sites and other high-risk workplaces
• Slip-and-fall accidents on public or private premises
• Product liability issues
• Motor vehicle accidents, especially those involving large trucks and buses
Plaintiffs in these cases must show not only that they were injured on or by your property but that their injuries were caused by negligence, improper procedures or deliberate action by you or your company. The team at the Di Lauri & Hewitt Law Group can help you present your side of the story in court and in out-of-court negotiations.
According to the National Safety Council, a worker is injured on the job every seven seconds. These injuries may occur in a variety of ways, including the following:
• Exposure to hazardous materials on a short-term or long-term basis
• Repetitive motions or overexertion on the job
• Falls, especially on construction sites
• Contact with moving or operating machinery
• Motor vehicle accidents
Your personal injury defense attorney will look at the circumstances surrounding the accident and will work with you to determine the most practical approach for defending against the charges filed against you. If the plaintiff behaved in a way that contributed to the likelihood of injury, the Di Lauri & Hewitt Law Group can provide you with the assertive representation you need to protect yourself and your business against unwarranted personal injury claims.
Avoiding Workplace Claims
Making sure your worksite is in compliance with all applicable safety standards and OSHA regulations can help your company to avoid claims and lawsuits related to working conditions. This can provide you with added support when defending against personal injury claims against your company in and out of court.
If a customer or other member of the public slips and falls on your property, you may be the target of a personal injury lawsuit for any injuries sustained during these accidents. Slip-and-fall accidents are one of the most common events that lead to personal injury cases. These accidents may occur because of tripping over an object or uneven flooring or because of wet or slick conditions.
Preventing Slips and Falls
Placing signs around slick areas or uneven flooring can help to mitigate your responsibility for slips and falls inside or outside your business premises. Cleaning up or repairing these problems as quickly as possible may also help you to avoid responsibility for slip-and-fall accidents. The Di Lauri & Hewitt Law Group can provide you with assertive and effective defense representation in these types of cases.
Product Liability Cases
Product liability cases generally fall into three categories:
• Defects arising from the basic design of the product that render it unsafe or unsuitable for its intended use
• Defects that occur during the manufacturing or fabrication process
• Defects in the marketing of the product, which may include false claims, incorrect information, inadequate instructions or failure to provide safety warnings
Product liability lawsuits may be filed by an individual or by attorneys representing a class of people who may have been injured by the product. At the Di Lauri & Hewitt Law Group, we can provide you with help in dealing with all types of product liability cases. Our legal team will work with you to determine the most effective defense against these cases both in and out of court.
Motor Vehicle Accidents
If your employee is involved in a motor vehicle accident during the course of his or her duties, your company may be held legally responsible for the injuries and damages caused to the other parties to the accident. A few conditions must be in place to establish vicarious liability in the state of New Jersey:
• The driver must be employed by the company in question at the time of the accident.
• It must have occurred during the employee’s working hours and as part of the duties performed by the employee.
• The accident must have been caused by the employee.
The team at Di Lauri & Hewitt Law Group can determine whether vicarious liability may apply to an auto accident. We can create an effective strategy for protecting your company against these lawsuits and providing you with the best representation possible for your case.
A Special Note About New Jersey Auto Accidents
New Jersey is a no-fault state. In general, motorists are required to file with their own insurance company regardless of who was at fault in the accident. The Di Lauri & Hewitt Law Group works with insurance companies to provide the most effective and practical options for addressing Personal Injury Protection claims arising from injuries sustained in auto accidents. Our legal services can help your company maintain profitability and manage costs more effectively in the modern insurance marketplace.
Defenses Against Personal Injury Lawsuits
At the Di Lauri & Hewitt Law Group, we have the experience needed to represent your case effectively and to present the most effective defense against personal injury lawsuits. Some of the most common defenses against these cases include the following:
• Contributory negligence on the part of the plaintiff could reduce or eliminate your liability for damages.
• Pre-existing injuries or overstatements on the part of the plaintiff concerning the extent of injuries may also limit your company’s financial liability.
• Certain dangerous activities may imply an assumption of risk on the part of the plaintiff. These activities may include the use of hazardous equipment or engaging in high-risk activities.
• If the plaintiff signed a release of liability waiver, that can also be used as part of your defense.
We can also call expert witnesses to provide testimony in your defense. The Di Lauri & Hewitt Law Group will provide you with the most practical defense strategies for your company when dealing with a personal injury lawsuit.
At the Di Lauri & Hewitt Law Group, we offer help in defending against all types of personal injury claims. We work with businesses, property owners and insurers to provide the most effective solutions for a wide range of situations. Contact us today to discuss your case with our team of experienced legal professionals. The Di Lauri & Hewitt Law Group is here to serve your needs now and in the future.