Personal Injury:
Personal injury law protects those who are injured by the negligent acts (“torts” or “wrongs”) of another individual or party. There are different types of negligence causing various accidents and injuries.
Accidents caused by another’s negligence can result in serious injuries, including: brain injury (Traumatic Brain Injury or “TBI”), spinal cord injury, paralysis, whiplash, burn injury, and wrongful death. Such accidents can occur at any time: in the workplace, at home, while traveling or visiting places, etc.
If you have been injured as a result of a motor vehicle accident, you may be eligible for damages for the injuries you sustained, or property damage incurred.
Such incidents may involve: cars, motorcycles, trucks, pedestrian “knock-downs”, bikes, personal watercraft, buses, trains, and/or airplanes.
Premises liability cases can be filed when an individual suffers injuries that should have been prevented while on another's property. The most common type of premises liability lawsuits involve slip-and-fall cases; these refer to instances in which an individual suffers injuries from a fall that was caused by: a slippery floor, dangerous stair steps, uneven sidewalks, or broken macadam (asphalt) in parking lots or roadways.
Medical/dental malpractice refers to any medical mistake made by a doctor, dentist, or other medical professional that leads to personal injury or wrongful death. It can be the result of negligence on the part of the doctor, nurse, hospital, or other medical staff. Examples of medical/dental malpractice cases include wrongful birth injury, nursing home negligence lawsuits, operating on the wrong limb, failing bridge work, etc. A medical/dental malpractice claim is viable if the action or inaction taken by the doctor, dentist or other medical professional, fell below the standard of care for a similarly situated professional.
In these situations, The Marchese Law Firm, can help. Dan Marchese brings those who may have wronged you in this way to justice in the Civil Courts. If you or a loved one has been in an accident, today for a consultation so he can begin to help you as soon as possible. Each act of personal injury carries with it what is commonly referred to as a “statute of limitations” or “limitations period” which in such cases is normally two (2) years from the date of the incident, so it behooves you to act now if you have been recently injured.
Commercial/Business Litigation:
Dan brings a varied and extensive experience to the prosecution and defense of a full range of civil cases in local and national arenas. Dan has the unique experience of representing closely held companies, and individuals, as well as larger companies, in a myriad of litigation matters.
A significant portion of Dan’s practice is devoted to general business litigation, creditors’ rights litigation, lender liability claims, eminent domain proceedings, employee and personnel disputes, professional malpractice litigation, construction litigation, and claims which arise in the interpretation and implementation of contractual and other business obligations.
Dan’s extensive civil trial experience has enabled him to assist his clients in the negotiation and resolution of controversies, without resort to litigation. Considerate billing practices, certainly welcome in today’s economic climate, complement his style in the litigation of these business affairs.
Criminal Defense:
The purpose of the law is to define the boundaries of acceptable conduct within a society. Criminal law deals with those whose acts are deemed to be unacceptable by societal standards. Such “bad acts” can generally be divided into the following categories: violent crimes, drug and alcohol-related crimes & DUI cases, sex crimes, white collar crime, appeals/post-conviction relief, and domestic violence disputes.
If you have been charged with a crime, the decisions you make regarding your legal representation will have important consequences for your future. You will need a qualified, knowledgeable criminal defense lawyer to guide your case through the legal system.
Recently, Dan has a worked closely with Assistant Prosecutors in Morris, Passaic, and Sussex Counties to help orchestrate plea deals and optimize beneficial solutions for his clients. Dan refuses give up on his clients’ quest for innocence and redemption and works hard to ensure that their sacrosanct due process rights are protected in the process. Do not spend another minute worrying about the specter of a jail sentence -- .
Employment:
Employment Law is a broad area which includes many aspects of the employer/employee relationship. Employment laws (e.g., minimum wage regulations, employment discrimination, workplace safety, whistleblower, Conscientious Employee Protection Act, or CEPA, and whistleblower and/or qui tam) were enacted as protective labor legislation.
Despite the truly legendary efforts over the past 60 years to bring equality to the workplace, and widespread awareness of the pitfalls of the disparate treatment of employees, discrimination is particularly rampant. Potentially, as a victim of discrimination, you cannot sit on your rights if you wish to avail yourself of certain protections offered by the Federal Government. Visit the U.S. Equal Employment Opportunity Commission’s web site at: for more information. Generally speaking, you have only 180 days from the alleged incident of discrimination within which to bring a discrimination claim to the EEOC.
Dan handles employment disputes on behalf of plaintiff employees involving: sexual harassment, wrongful termination, wage and hour disputes, discrimination (age, sex, race, creed, etc.), retaliatory termination, violation of fiduciary duty, trade secrets and confidential information/non-compete agreements.
If you believe you have been treated unfairly at work or fired, or if, as a representative of the employer, you or your company has been wrongfully accused of improper business or personnel practices, , he can help.
DUI/DWI and Traffic Violations:
DUI/DWI is generally considered to be driving under the influence of intoxicating liquor or drugs. Most municipal jurisdictions in New Jersey will prosecute a DUI/DWI to the fullest extent of the law. Those who have been stopped by police for DUI/DWI should retain an experienced defense attorney to protect their due process rights. You may feel that the stigma surrounding a “drunk driving” charge is penalty enough, however, you need strong representation, and an understanding practitioner to guide you through the “system.”
In New Jersey, the threshold for DUI/DWI arrest is blood alcohol concentration of 0.08 percent. This is only approximately two to three drinks in an hour for most individuals. Additionally, you may be arrested for DUI/DWI if you have consumed a legal or illegal drug, with or without a prescription, which has impaired your driving.
Penalties for DUI/DWI can include jail terms, fines, license suspension or restriction, or probation, and even an ignition interlock device. Charges will differ with the circumstances, but know this: all DUI/DWI convictions carry with them an unavoidable and inevitable loss of driving privileges -- without exception.
Dan has aggressively defended clients in DUI/DWI trials throughout the State. His never say die approach, coupled with a tenacity to find the “wiggle room” in police reporting, provides his clients with an edge in what can be perceived as the “guilty until proven innocent” municipal courts. If you have been arrested, don’t wait to get the help you need.
Dan also defends clients in other traffic violations of every kind. You could be facing higher insurance premiums as a result of points assessed on your driving record for motor vehicle infractions. In order to minimize the financial hardship of a ticket’s effect on your insurance, take the right first step and .
If you or someone you know faces the issues that The Marchese Law Firm, LLC, handles in the aforementioned practice areas, contact today for a consultation.