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Have You Been Injured? Should You File A Lawsuit?

Back Pains After Car AccidentLawsuits are often considered when individuals are in the pursuit of justice or vindication. Remarkably, many cases in the civil and criminal justice system never make it to trial. Most people don’t realize this fact, but many cases are settled prior to reaching trial. Filing a lawsuit is the start of something truly unique. The perception of what a lawsuit is and what it means is often colored by what we see on television, but the reality is often less clear.


Lawsuit Basics In New Jersey

Starting a lawsuit begins with the filing of a summons and complaint. These legal papers must be served upon the defendant, usually by a process server. After service has been effectuated, the defendant must answer the summons and complaint. This starts the discovery phase of proceedings. Lawyers for both parties engage in information seeking practices where documents are exchanged, depositions are held, and sometimes medical examinations are performed. All of these tools allow the attorneys to evaluate just exactly what type of case they are dealing with. Often times, attorneys can reach a settlement after engaging in discovery practices because they now know how to accurately articulate the value of their case. When a settlement cannot be reached, a trial is commences.


What Types Of Claims Are Justiciable In A New Jersey Personal Injury Case?

In the United States, there is a cause of action for nearly every type of scenario where someone’s rights are harmed by another. Did you think that spilling coffee on yourself could result in a lawsuit? Most people would think that there is no claim here, but in one case, a woman was awarded nearly $3 million in a jury trial when she sued McDonalds after being scalded by a hot cup of coffee in her car. In Liebeck v. McDonald’s, Stella Liebeck, a 79-year-old woman, ordered coffee at a McDonald’s drive-through and suffered third degree burns when she spilled the coffee in her lap. Although the million dollar jury award was later reduced to approximately $500,000, the suit forced many to ask the question: was she justified?


After reviewing photographs from the incident, it seems that this elderly woman shouldn’t have suffered the burns she received by simply spilling some of the coffee in her lap. It was clear that the coffee was far too hot. But were the damages justified? Should she have received hundreds of thousands of dollars as compensation for her injury? Many still disagree as to this point. But legal professionals can tell you one thing about this case – Ms. Liebeck was correct in seeking legal assistance to learn about her rights. You should too, if you think that you’ve suffered as a result of someone else’s negligence.


Contact an Experienced New Jersey Personal Injury Law Firm for Help

Whether you’re injured at work, hurt during a car accident, or on someone else’s property, the dedicated team at Villani & Deluca, P.C. is always available to handle your legal inquiries. Call now for a free consultation. All personal injury claims are handled on a contingency basis, meaning that you don’t pay us unless you win a settlement. Contact the lawyers of Villani & DeLuca, P.C. at 732-965-3801 to protect your rights as soon as possible. We serve clients throughout the state of New Jersey.