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If another person’s negligence has injured you or a loved one, the path forward can feel overwhelming. Medical appointments pile up, time away from work creates financial stress, and insurance companies often call before you fully understand the extent of your injuries. At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, our injury attorneys have spent decades representing the people of New Jersey, providing the aggressive advocacy needed to level the playing field.

As a trusted Clifton personal injury law firm, we specialize in guiding clients through complex claims involving car accidents, slip and falls, and trucking accidents. Whether you were injured on Route 3, the Garden State Parkway, or at a local construction site, our team is prepared to hold negligent parties accountable and pursue the full compensation you deserve.

Hablamamos Español: Nuestra firma se dedica a servir a la comunidad hispana en Clifton y en todo New Jersey. Si usted prefiere discutir su caso en español, nuestro equipo está listo para ayudarle.

 

Understanding Personal Injury

A personal injury occurs when a party’s careless, reckless, or intentional conduct physically, emotionally, or financially harms someone. Personal injury law exists to provide injured individuals with a legal pathway to recover damages when they are hurt through no fault of their own.

Personal injury lawyers handle a wide range of cases, from car accidents and slip and fall injuries to defective products and nursing home abuse. Regardless of the specific facts, these cases typically involve proving that another party failed to act responsibly and caused harm.

 

Common Types of Personal Injury Cases We Handle in Passaic County

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Our personal injury lawyers at Scura, Wigfield, Heyer, Stevens & Cammarota, LLP have the range of experience needed to handle diverse and complex claims:

  • Car Accidents: As a leading cause of injury claims, we handle everything from rear-end collisions on the Garden State Parkway to complex multi-vehicle wrecks.
  • Trucking Accidents: Trucking accidents involve a different analysis than car accidents as truckers are held to a higher standard of care and there are specific statutes and rules that govern their conduct in driving, how many hours of service they can be on the road, allowing for longer stopping distances, etc.
  • Premises Liability: Property owners have a duty to keep their premises safe. If they fail to fix a known hazard, they can be held liable.
  • Slip and Fall Injuries: Common in grocery stores and parking lots, these injuries often result from wet floors, icy sidewalks, or poor lighting.
  • Defective Products & Product Liability: If a consumer product, medical device, or vehicle part malfunctions due to a design or manufacturing flaw, our injury attorneys hold the corporation accountable.
  • Nursing Home Injuries: We protect the most vulnerable from neglect, bedsores, falls, and physical abuse within care facilities.
  • Construction Site Accidents & Third-party Liability: Construction is dangerous work. We help workers pursue third-party claims against contractors or equipment manufacturers in addition to workers’ comp.
  • Serious Dog Bites: New Jersey follows a strict liability rule, meaning owners are generally responsible even if the dog has never been aggressive before.
  • Pedestrian Accidents: Clifton’s busy streets are often dangerous for walkers. These cases frequently involve catastrophic injuries.
  • Transit Accidents: Claims involving NJ Transit buses or trains require specific legal knowledge due to the government entities involved.
  • Playground Injuries: We hold schools and municipalities accountable for poorly maintained equipment that leads to childhood injuries.

 

Each case requires a tailored legal strategy based on the specific facts and applicable laws.

 

Understanding Personal Injuries in Passaic County

Clifton is one of the largest cities in Passaic County, and with its busy roads, residential neighborhoods, schools, and commercial areas, accidents can happen in many different settings. From Route 3 and local thoroughfares to apartment complexes and construction sites, personal injury risks are part of daily life.

Understanding how local courts, insurance carriers, and municipal entities operate is imperative in these cases. Clifton injury lawyers who regularly practice in Passaic County know how local procedures work and how to build cases that stand up under scrutiny.

 

Personal Injury Statistics

The scope of personal injuries in New Jersey is significant. According to recent data:

 

These statistics highlight how common injuries are, and the financial and personal consequences can be devastating without experienced legal representation.

 

Key Legal Concepts in Personal Injury Lawsuits

Personal injury lawsuits often hinge on a few core legal principles, including:

  • Duty of care: The legal obligation to avoid causing harm to others
  • Breach: When a party fails to meet that obligation
  • Causation: Proving that the breach of duty directly caused the victim’s injuries
  • Damages: The actual losses suffered by the victim as a result

 

An experienced injury law firm understands how to apply these concepts to real-world facts and present them clearly to insurance companies, judges, and juries.

 

Legal Rights of Personal Injury Victims

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If you are injured in Clifton, you have specific legal rights under New Jersey law:

  • The Right to Compensation: You have the right to seek repayment for all losses stemming from the accident.
  • The Right to Legal Counsel: You have the right to be represented by injury lawyers who can communicate with insurers on your behalf.
  • The Right to a Jury Trial: If your lawyer cannot reach a fair settlement, you have the right to take your case before a jury of your peers.
  • Protection Against Retaliation: In workplace injury cases, it is illegal for an employer to retaliate against you for filing a workers’ compensation claim.

Personal injury attorneys play a critical role in protecting these rights, especially when insurers try to minimize or deny valid claims.

 

Damages You Can Recover from Personal Injury Accidents

Damages are the injury compensation a victim receives after a personal injury accident. They are typically divided into two categories:

Economic Damages

These are your measurable financial losses. They can include:

  • Medical Expenses: Hospital stays, surgeries, physical therapy, and future medical needs
  • Lost Wages: Income lost while recovering, as well as loss of future earning capacity
  • Property Damage: Costs to repair or replace vehicles or personal items

Non-economic Damages

These are your subjective losses. They can include:

  • Pain and Suffering: Compensation for physical pain and emotional distress
  • Loss of Enjoyment of Life: When injuries prevent you from participating in hobbies or daily activities
  • Loss of Consortium: Damage to the relationship between the victim and their spouse

In rare cases involving egregious conduct, punitive damages may also be available.

 

Insurance Coverage for Personal Injury Accidents

New Jersey is a no-fault insurance state regarding auto accidents. This means your own insurance policy’s Personal Injury Protection (PIP) typically covers your initial medical bills, regardless of who caused the accident.

However, beyond your medical costs you are entitled to damages for pain and suffering, loss of quality of life, and lost income against the at fault person and/or company.  Understanding the interplay between PIP, liability coverage, and underinsured/uninsured motorist coverage is a primary reason to consult a Clifton personal injury law firm.

Other personal injury claims involve homeowners’ insurance, commercial liability coverage, or professional liability policies. While insurance is meant to provide protection, insurers are businesses focused on limiting payouts.  Our attorneys fight with insurance companies every day and will help navigate these issues. 

 

Common Causes of Personal Injuries

Most accidents are preventable. Common causes our Clifton personal injury attorneys see include:

  • Distracted or careless driving
  • Poor property maintenance
  • Inadequate security
  • Defective or dangerous products
  • Violations of safety regulations
  • Negligent supervision or training

 

Pinpointing the true cause of an accident is a critical step in building a strong claim.

 

What to Do After a Personal Injury

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The actions you take in the minutes and days following an accident can significantly impact your injury compensation. After an accident, it is important to:

  • Seek medical attention immediately.
  • Document the scene and your injuries if possible.
  • Avoid giving recorded statements to insurers.
  • Preserve evidence and records.
  • Contact experienced injury attorneys as soon as possible.

 

Early legal guidance can prevent costly mistakes and protect your claim.
 

 

The Cost of Personal Injuries

The true cost of an injury extends far beyond the initial ER visit. Long-term costs include:

  • Rehabilitation: Months of physical or occupational therapy
  • Home Modifications: Installing ramps or widening doorways for wheelchair access
  • Psychological Care: Treating PTSD, anxiety, or depression following a traumatic event
  • Inflationary Costs: More expensive future care as medical costs rise

 

Beyond direct financial expenses, unintentional injuries also carry an enormous human cost. According to the National Safety Council (NSC), in 2023 alone, lost quality of life resulting from accidental injuries was valued at $6,221.4 billion nationwide. When combined with economic losses such as medical expenses and lost income, the estimated comprehensive cost of injuries reached $6,422.5 billion. Our Clifton personal injury lawyers work with life-care planners and economists to ensure your settlement accounts for these hidden costs.

 

The Personal Injury Accident Claim Process in New Jersey

The journey from accident to compensation involves several critical steps:
  • Initial Consultation: We review the facts of your accident to determine whether you have a case.
  • Investigation: Our team gathers police reports, medical records, and expert testimony.
  • Demand Letter: We send a formal demand for compensation to the insurance company.
  • Negotiation: We settle most personal injury cases through back-and-forth discussions.
  • Litigation: If we do not settle, we file a formal lawsuit.
  • Discovery: Both sides exchange evidence and take depositions.
  • Trial: We present your case to a judge or jury for a final verdict, if necessary.

 

Our experienced personal injury law firm manages each step while keeping clients informed and involved.

 

Building a Strong Case for a Personal Injury

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Success in a personal injury claim is built on evidence. Our Clifton personal injury law firm focuses on:

  • Expert Testimony: We use accident reconstructionists, medical specialists, and vocational experts.
  • Digital Evidence: This can include dashcam footage, surveillance video, and cell phone records.
  •  Comprehensive Documentation: We ensure that every medical bill and missed hour of work is accounted for.
  •  Aggressive Advocacy: We show the insurance company that we are fully prepared to go to trial if they do not offer a fair settlement. 

 

Our Clifton injury attorneys at Scura, Wigfield, Heyer, Stevens & Cammarota, LLP know how to assemble this evidence and present it effectively. 


 

New Jersey Personal Injury Statute of Limitations

In New Jersey, the statute of limitations for most personal injury cases is two years from the date of the accident. If you are filing a claim against a government entity, like a city or NJ Transit, you must file a Notice of Claim within 90 days. Failure to meet these deadlines usually means you lose your right to sue forever.

 

Establishing Negligence in a New Jersey Personal Injury Case

 To win, you must prove the defendant was negligent. In New Jersey, this involves showing that the defendant failed to exercise the level of care a reasonably prudent person would have exercised in the same situation. Our Clifton injury attorneys are skilled at establishing the connection between a defendant’s careless actions and your specific injuries.

 

Comparative Fault in a Personal Injury Claim

New Jersey follows a modified comparative negligence rule. This means you can still recover damages as long as you are 50% or less at fault for the accident. The court will reduce your compensation by your percentage of fault. For example, if it awards you $100,000 but finds you 20% at fault, you will receive $80,000. If you are more than 50% at fault, you cannot recover any damages from the other party.

 

Liability in Personal Injury Accidents

Liability is not always straightforward. Multiple parties may be responsible:

  • Vicarious Liability: An employer may be held responsible for an employee’s actions.
  • Social Host Liability: A person who serves alcohol to a visibly intoxicated guest might be liable for a subsequent car crash.
  • Government Liability: A municipal entity may be responsible for accidents caused by poorly maintained public roads or equipment.

 

Identifying all potentially liable parties is essential to maximizing recovery.

 

Conducting a Scientific Analysis and Collaboration with Our firm’s Lawyers, Judges and Mock Juries to Best Present and Value Your Case

We conduct a thorough analysis of your case and injuries before we file suit. Our strategic litigation process includes collaborating with our firm’s two retired judges who bring decades of trial and judicial experience:

  • Judge Randall Chiocca, former Presiding Chancery Judge of Passaic County handling various complicated business and estate cases.

  • Judge Thomas Brogan, former Presiding Civil Judge of Passaic County for 19 years. Judge Brogan is from Clifton, NJ. He managed the settlement and/or trial of 1000s of cases in his career and is an invaluable source of knowledge and mentorship to our attorneys.

 

Judge Chiocca and Judge Brogan meet with our attorney and paralegal teams to review case facts, evaluate liability and damages, and help anticipate how different arguments will play with a sitting judge or jury. They have sat with our mock juries and discussed the case after presentation in order to help us fine tune our case. The judges provide advice on evidence issues and likely rulings that will occur in the case.

In our Wayne, NJ office we have a mock courtroom where we regularly conduct focus groups with employees and lay persons that we pay for the day to sit and listen to presentations.  Our NJ Lawyers learn how to:

  • Refine arguments on how to revise the presentation on damages and what to emphasize or take out
  • Revamp what us lawyers think we know what laypersons will focus on in a case but turn out to be wrong
  • Identify new and creative ways to handle our presentation based on feedback
  • Watch and video the deliberations of the mock jurors to see what they are focused upon

 

Frequently Asked Questions About New Jersey Personal Injury Claims

How much is my Clifton personal injury case worth?

The value of every case is unique and depends on factors such as the severity of your physical injuries, the clarity of liability, and the total insurance coverage available. We work with economists and life-care planners to ensure your settlement covers both current medical bills and long-term costs like rehabilitation or home modifications.

How long does it take to receive injury compensation? 

While simple claims may settle within a few months, complex litigation involving catastrophic injuries can take years. Our priority is obtaining the maximum recovery for your losses rather than a fast, low-ball settlement.

Do I have to go to court in Passaic County?

Most personal injury cases are settled through negotiation before a trial becomes necessary. However, we prepare every case as if it is going to trial to maximize your leverage against the insurance company.

What is the "No-Fault" insurance rule in New Jersey?

New Jersey is a no-fault state for auto accidents, meaning your own Personal Injury Protection (PIP) typically covers your initial medical expenses regardless of who caused the crash. However, if your injuries are permanent or cause significant scarring, you may have the right to sue the at-fault driver for pain and suffering.

Is there a deadline to file a lawsuit?

Yes. In New Jersey, the statute of limitations for most personal injury cases is two years from the date of the accident. If your claim involves a government entity, such as NJ Transit, you must file a Notice of Claim within 90 days.  The statute of limitations against the Port of Authority of New York and New Jersey is only one year. The easiest thing to do to discuss your timeline is to reach out to our NJ attorneys to make sure you do not miss a deadline.  Failure to meet these deadlines usually results in losing your right to compensation forever.

 

Contact Our Clifton Personal Injury Law Firm Today

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Do not wait to protect your rights. The sooner you contact a Clifton personal injury law firm, the better we can preserve evidence and build your case. If you were injured due to someone else’s negligence, contact Scura, Wigfield, Heyer, Stevens & Cammarota, LLP today to schedule a confidential case review and take the first step toward pursuing the compensation you deserve.