Personal Injury, Medical Malpractice, & Employment Attorneys in NJ and NY

Law Offices of James C. DeZao, P.A.

212-45 26th Avenue Suite 7 New York, New York 11360 USA

 (866) 919-9229

www.dezaolaw.com
 Contact James DeZao

Law Firm Overview Free Consultation

The Law Offices of James C. DeZao, P.A., an experienced, dedicated law firm located in Parsippany, New Jersey, has been defending the rights of New Jersey residents for over 25 years. At our firm, we have only one mission – to use our superb legal skills and experience as personal injury litigators to obtain the maximum financial compensation for your personal injury.

Attorney James C. DeZao was born in New Jersey and attended college and law school in nearby Essex County. He has limited his practice to personal injury cases because his track record of success makes him one of the most sought-after litigators in Morris County. Many of our firm’s clients come to us through attorney and past client referrals.

If you have been injured in an automobile or motorcycle accident, or as a result of careless actions from a medical professional, we can help you secure the compensation you deserve. Additionally, if a member of your immediate family has died due to negligence or malpractice by a medical professional, we will seek compensatory damages for your pain and suffering.

The Law Offices of James C. DeZao, P.A. welcome the opportunity to discuss the specifics of your personal injury. We work on a contingency basis, which means you are not required to pay any legal fees until you recover from either the insurance company or the party found negligent for your injuries. For your convenience we maintain two offices, one in Parsippany, New Jersey and one in Queens, NY.

Practice Areas

Additional Practice Areas: Consumer Fraud; Dog Bites; False Imprisonment; Property Conversion; Property Owner Duty; Fraud Misrepresentation; Emotional Distress; Intentional Harm; Police Brutality; Negligent Security; Whiplash; Speeding Accidents; Insurance Adjusters and Accidents; Passenger Injury; Cerebral Palsy; Medical Malpractice Litigation; Medical Misdiagnosis; Americans with Disabilities Act; Employment Contracts; Family and Medical Leave Act; Occupational Safety and Health.

Practice Areas Description

At the Law Offices of James C. DeZao, our attorneys provide clients with legal advice and representation on:

- Personal Injury

At the Law Offices of James C. DeZao, P.A., our Morris County personal injury lawyer understands that getting legal help for a personal injury may not be at the top of your list of things to do immediately after you are hurt. Seeking medical attention for an injury or accident is the first measure you should take. Personal Injuries are not always accidental. They can happen due to someone else's behavior or malpractice.

* Assault

One common area included within the scope of personal injury law is that of “assault”, an intentional act or threat which instills fear of imminent physical harm in an individual. No actual touching need occur for assault to be designated: The threat alone is wrongdoing enough to be covered by personal injury laws. If the threat actually becomes a reality in which an individual is non-consensually touched by an object or person, the assault becomes a battery. Assault can cause serious physical and mental injuries. It usually falls under misdemeanor charge but a more serious assault injury can be classified as a case of felony.

* Battery Claim

The word "battery" comes from the Latin "battuere" meaning "to beat." In a legal sense, battery occurs when a perpetrator willfully touches or uses force against a person without his or her consent. The act of battery must include actual physical contact between the perpetrator and the victim or to an object connected to the victim. Throwing an object which strikes another individual is a clear case of battery. An example of battery in which there is no actual touching of the victim would be knocking a tray full of food out of another's hands.

* Construction Injuries

Working at a construction site is one of the most dangerous jobs in the country. Construction accidents injure or kill thousands of workers every year. These accidents occur when the safety engineers and safety programs that the construction companies are obligated to oversee are either negligent or absent. No matter what the cause or nature of the injury, the worker is entitled to some kind of compensation.

* Consumer Fraud

Consumer Fraud litigation includes individual cases as well as class actions that have been filed throughout the country. These cases involve wrongful conduct of insurance and finance companies including fraud and bad faith. If you or a loved one has suffered from consumer fraud, the Law Office of James C. DeZao can help.

* Dog Bites

Few things are more frightening than being attacked by a dog. Such an attack can leave the victim severely injured and traumatized. If the victim is a child, the injuries can be fatal. Many states have statutes which hold the owner of the dog strictly liable for the dog’s behavior if the attack is unprovoked; that is, the victim did nothing to threaten the dog or cause it to attack in self-defense. It makes no difference where the attack took place or if the attack is the first for the animal. In some states, the dog gets “one free bite”, meaning the owner is not presumed to know the dog is dangerous until an attack has occurred once.

* Traumatic Brain Injury

Car accidents are a leading cause of head and brain injuries. Brain injury can occur when the head has been struck, usually by striking an object such as a windshield. Sometimes the brain undergoes a sudden acceleration/deceleration movement (as in a whiplash injury) without direct external trauma to the head. Many brain injuries are the result of bruising, bleeding, twisting or tearing of brain tissue. Damage to the brain may occur at the time of the accident, or develop over time as tissues swell and bleed within the head.

* Police Brutality and False Imprisonment

If an individual inhibits or prevents another's freedom of movement without their consent for any amount of time, he or she has falsely imprisoned that person. This imprisonment may include a physical element to prevent escape, such as being bound with rope, as well as verbal threats of harm to the victim. There are several key factors that contribute to the claim of false imprisonment. First, the confinement must be non-consensual on the victim's part. Second, the confinement must be intentional on the part of the perpetrator. Third, the victim has to have knowledge that he or she is indeed imprisoned. Last, there can be no available means of escape known to the victim.

* Slip & Fall

All slip and fall accidents are covered by negligence law and deal with the concept of premises liability. Property owners have a “duty of care” to see that their property is safe. This includes insuring that the building has no structural defects that could cause an accident, both inside and out. In some states the property owner may also have a duty to reduce problem areas caused by weather. Structural defects can include: loose floor mats, rugs, or tiles; water on the floor; badly lit stairs or steps; cracks or holes in sidewalks or parking lots. Weather-related hazards may include standing water and icy spots. A plaintiff or claimant also has a duty to exercise reasonable care, so if any action of yours contributed to the accident, you may share in the negligence.

* Fraud Misrepresentation

A person commits fraud when he or she knowingly makes a material misrepresentation with the intent of inducing another person to act or refrain from acting to his or her detriment. It is also necessary to show that the material misrepresentation was justifiably relied upon when the “victim” acted or failed to act. “Negligent” misrepresentation occurs when, in the course of a transaction in which a person has a pecuniary interest, a person supplies another with false information to guide their business transaction. That person who so misrepresents can be liable for any pecuniary loss caused by the justifiable reliance upon that false information.

* Infliction of Emotional Distress

When one person purposefully engages in behavior that is intended to and does cause severe mental anguish in another, he or she is subject to the laws regarding the intentional infliction of emotional distress. There are several factors which determine the extent to which a perpetrator may be liable in such a claim. First, the wrongdoer's behavior must be deemed as extreme and outrageous. If a person of average temperament would suffer emotional distress caused by the wrongdoer's actions, then those actions can be deemed as "outrageous." Consideration would also need to be taken for those individuals whose temperament is more sensitive or high-strung: in cases such as this, the standard for outrageousness can be lowered. Second, it must be done intentionally to cause emotional distress or with reckless disregard to such a consideration. Third, it is also helpful if the victim can show other non-emotional damages such as loss of gainful employment.

* Intentional Harm

One type of personal injury involves the purposeful behavior of one person against another with the intention of harming that person or that person's property. The perpetrator of such an act has committed an intentional tort and is liable for any damages caused by the act. In general, intentional torts are divided into two categories: Intentional torts against people (such as assault) and intentional torts against property (such as trespass).

* Premises Liability

When someone is injured as a result of unsafe property or building conditions, they may have a right to make a claim for their damages against the owner of the property. In some states the landowner's duty to protect an entrant on the land depends on whether that person is a trespasser, licensee or an invitee. The landowner's duties are different for each type of entrant. The landowner owes less of a duty to protect the trespasser then the other types of entrants. The landowner's duty of care is highest for business invitees. Some states, however, have done away with these multiple classifications in favor of one standard of "reasonableness under the circumstances" of a particular case.

- Automobile Accidents

Automobile accidents are one of the leading causes of accidental injury in this country. Each year, thousands of people are killed in motor vehicle crashes and millions are injured. These crashes are frequently caused by the negligence of other drivers, leading to their own death or injury as well as those of innocent victims. Car accidents can have many causes, but they can usually be divided into negligence, intentional misconduct, or product liability. While it is true that accidents can be caused by a so-called "act of nature" such as earthquakes, these are rare.

* Insurance

In many states, drivers are required by state law to have a minimum amount of liability coverage. State laws vary as to the amount of insurance a driver is required to carry. This is insurance to pay for damages to others if you cause an accident. You can pay for greater coverage if you wish. This may protect you from loss if you are found liable in a vehicular accident. Remember, liability insurance pays only to settle claims or pay judgments against you if you are found negligent.

* Whiplash

When a small delicate organism like the human body is involved in the collision of two or more large solid objects like automobiles, something has to give – and that something is frequently the neck. The human head is relatively heavy in relation to the neck and a sudden impact gives you no time to brace yourself to prevent the forceful head movement known as “whiplash”. Whiplash is the term used to describe the motion of the neck when an impact causes the head to be “snapped” (moved quickly in a direction opposite the direction of impact). It is also known as CAD (cervical acceleration/deceleration) trauma or syndrome.

* Bicycle Accidents

Bicycle accidents cause a much higher incidence of death and injury per accident than do car accidents. In other words, if you are involved in a vehicular accident and you are on a bicycle, you are 3 times more likely to be injured and 14 times more likely to be killed. Helmet laws, enacted in many states, are helping to reduce these numbers, but bicyclists still are at greater risk of death or injury than those in passenger vehicles.

* Speeding Accidents

Speeding is the most common cause of vehicular accidents in this country and the economic cost of speeding accidents is significant. Laws setting top speeds vary from state to state, but each state expects drivers to travel at prudent speeds based on the situation. Such things as road conditions, weather, and amount of traffic are more important in determining the safest speed as opposed to the posted speed limit. Traveling at an unsafe speed reduces the time available for slowing or stopping and makes it harder to control the vehicle, especially in turns and curves.

* DWI/DUI

“Driving under the influence”, or “Driving while intoxicated”, is the term for alcohol-related driving behavior. It is responsible for nearly 1/3 of all traffic deaths in this country. Many of these impaired drivers are repeat offenders and all can cause a heavy burden of death and/or injury to themselves and to innocent drivers, passengers, and pedestrians. Anyone who causes an accident while driving under the influence of alcohol or another substance is considered negligent. Unfortunately, this is of little comfort to someone who has sustained injuries or lost a loved one in an alcohol-related accident.

* Insurance Adjusters and Accidents

At some point after an accident, you may be approached by an insurance adjuster who represents the insurance company of the person who caused the accident. No matter how friendly and caring, or aggressive and threatening, this adjuster may appear, he or she works for the insurance company and their job is to save that company money. They do that by reducing your claim. Although you should always be courteous, you are not required to give any oral statement to the other side’s insurance company. Listen to what the Adjuster says and note the questions he asked, but do not enter into a dialogue with him. Tell your lawyer what was said and have your lawyer evaluate your case. Your lawyer will be able to direct you as to necessary communications with the defendant’s insurance company.

* Large Truck Accidents

A high percentage of traffic crashes and deaths involve large trucks. A large truck is any truck whose vehicle weight is over 10,000 pounds. Because of their size, crashes involving large trucks are more likely to result in serious injury and death than are car crashes. Approximately 10% of all those injured in a large truck crash will die. Large trucks are more likely to be involved in multiple-vehicle crashes than are passenger cars. Both Federal and state regulations govern trucking and cover areas such as safety of equipment and hours of the drivers.

* Passenger Injury

Any passenger in a vehicular accident is considered free of liability for the accident, unless they committed an overt act that distracted the driver, or in any other way contributed to the accident. Additionally, if you get into a vehicle knowing that the driver is intoxicated, you may have “assumed the risk” of being in an accident. If you are a passenger and you are injured in a vehicular accident, you may receive compensation for your injuries. Be sure that you see a doctor immediately.

* Motorcycle Accidents

Motorcycle accidents cause a much higher incidence of death and injury per accident than do car accidents. In other words, if you are involved in a vehicular accident and you are on a motorcycle, you are three times more likely to be injured and 14 times more likely to be killed. Helmet laws, enacted in many states, are helping to reduce these numbers, but motorcyclists still are at greater risk of death or injury than those in passenger vehicles.

* Motor Vehicle Accidents

Every year millions of people are injured in motor vehicle accidents. Motor vehicle accidents are the leading cause of injury in the United States. Many vehicle manufacturers have made safety improvements to their vehicles including air bags, rollover bars, reinforced frames, better tires, etc. Additionally, many states have passed tougher drunk driving laws. As a result, many lives may have been spared. However, with an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident.

* Pedestrian Injuries

Pedestrian deaths are second only to occupant deaths in vehicular accidents. While crossing the street is a skill everybody learns, it is not something that can be taken for granted. Every year, thousands of pedestrians are injured. If you are injured, you may be eligible for compensation for your injuries. Be sure you get all the information you can about the accident. Secure any evidence available, find out the names and contact information of witnesses, and get the names and insurance information of the driver involved. Witnesses are especially important to furnish evidence as to whose negligence caused the injuries.

- Medical Malpractice

Our NJ medical malpractice law firm can help with the following: Types of malpractice; Cerebral Palsy; Medical Misdiagnosis; Malpractice causing an injury; Dangerous Drugs; Nursing Home Abuse/Neglect; Malpractice settlement; Ephedra; Traumatic Brain Injuries; Malpractice Litigation; Damages; Wrongful Death. Mistakes can happen even by top professionals in their field. When a medical or other professional makes a mistake that causes an injury, you should consult a malpractice attorney. The Law Offices of James C. DeZao, P.A., in Morris County can advise you should you choose to pursue a malpractice lawsuit.

- Wrongful Death

Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.

- Employment Law

You don’t have to be an employee to bring an employment law case. A claim can arise at any time from before you’re hired – or not hired – to after you’re fired. If you feel you’ve been the victim of workplace discrimination, or want to know more about your employment rights, the Law Offices of James C. Dezao can help. An employer isn’t required to hire you just because you’re the most qualified person who applies for a job. However, under federal law, an employer may not base employment decisions – including decisions about hiring, firing, job assignments, wages, and promotions -- on factors such as your: Age; Sex; Race; National Original; Disability.

More Information on Law Offices of James C. DeZao, P.A.

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