Newark Personal Injury Lawyers

You might have a Newark personal injury case if you have suffered injuries or damages due to someone else’s negligence or wrongful actions. To determine whether you have a valid personal injury case, consider the following factors:

• Duty of Care: Was the person or entity responsible for your injuries under a legal duty to take reasonable care to prevent harm? For example, drivers have a duty to operate vehicles safely, property owners have a duty to maintain safe premises, and medical professionals have a duty to provide competent care.
• Breach of Duty: Did the responsible party fail to fulfill their duty of care? This breach could be in the form of negligence, reckless behavior, or intentional misconduct.
• Causation: Did the breach of duty directly cause your injuries? It’s important to establish a clear link between the negligent actions and the harm you suffered.
• Damages: Have you suffered actual damages as a result of the incident? Damages can include medical expenses, lost wages, pain and suffering, property damage, and more.

Personal injury cases can encompass various situations, such as car accidents, slip and falls, medical malpractice, product defects, workplace accidents, and more. If you’ve been injured due to someone else’s actions, it’s worth considering whether negligence or wrongdoing played a role.

To determine whether you have a valid personal injury case, it’s advisable to consult with a personal injury attorney in Newark. They can evaluate the details of your situation, assess the strength of your case, and provide legal advice based on their expertise. Keep in mind that every case is unique, so consulting with an attorney is the best way to get personalized guidance.

If you can collect sufficient evidence and prove the at-fault party’s negligence, you can try to recover:

• Economic damages – All injury-related expenses, including medical expenses, lost wages, property damage, etc.
• Non–economic damages – Emotional anguish, pain and suffering, loss of consortium, loss of quality of life.
• Wrongful death damages – Damages related to the death of a loved one, including burial expenses, loss of inheritance, loss of emotional support, medical expenses (before death), and more.
• Punitive damages – In rare cases, the judge may assign punitive damages. It usually happens if the at-fault party’s behavior was outrageously negligent.

The size of your compensation depends on:

Quality of Evidence

To build a strong personal injury case, you need to prove that you have the right to specific compensation. To do that, you must provide high-quality evidence to back the figure you are asking for.

Evidence in a personal injury case can vary from medical bills to personal journals. An attorney knows what evidence can help your case and which evidence is useless.

Without an attorney’s assistance, it is easy to miss necessary evidence, fail to collect it on time, or present the wrong documents to the insurance company or the judge.

The Extent of Your Injuries

The extent of your injuries plays a significant role in determining the size of your compensation. People who sustain serious injuries, such as a TBI (traumatic brain injury) or a spinal cord injury, usually require long-term treatment. The at-fault party needs to cover the related expenses.

If your injury is severe, it will likely cause you to miss work. In such a case, you can collect lost wages or compensation for the loss of earning capacity.

If your injuries are not severe and do not require long-term treatment, your compensation is likely to be smaller.

Pain and Suffering

To prove pain and suffering, you would have to demonstrate how your injuries affect your everyday life. You may also need to hire an expert witness who can testify to the extent of your emotional anguish.

If you can prove pain and suffering, the size of your compensation is likely to increase dramatically. Most insurance companies and judges use the multiplier method to calculate non-economic damages.

This method involves multiplying economic damages by a certain number.

Attorney Experience

In a personal injury case, it may seem that the evidence speaks for itself. In reality, it is rarely enough. You must present this evidence correctly, find expert witnesses, prepare all the necessary paperwork, and negotiate the final settlement figure.

That is where a personal injury attorney’s experience is crucial to obtaining fair compensation. An experienced lawyer knows exactly what to say and do to maximize your settlement.

Their knowledge of how local insurance companies and judges usually behave can make a priceless contribution to the integrity of your case.

Whether you sustained an injury in a car accident, construction site, or work, you have a personal injury case. New Jersey laws limit the years you have to file a personal injury lawsuit. In Newark, it is two years.

The clock starts running on the incident date or when you discovered (or should have reasonably discovered) your injuries.

In most cases, when the period mentioned in the statute is over, the judge dismisses the case immediately. That is why it is important to file a lawsuit on time.

The statute of limitations contains exceptions. Even if the two years, consult an attorney to determine where you stand.

Besides following the statute of limitations, there are many reasons why you should not delay legal action.

They include:

• Evidence can disappear or fade over time, making it harder to prove your case.
• Eyewitnesses can forget important details or move out of the state (or the country).
• The at-fault party can move out of the state or the country, making it hard to serve them.

You need to consider consulting an attorney if you do not have the time or resources to take legal action right after the accident. A personal injury lawyer takes over all case-related tasks and formalities so you can focus on treating your injuries.

The Newark personal injury attorneys at Jacoby & Meyers, LLP, work on a contingency fee basis. That means we don’t charge anything upfront to represent you, and we only accept a fee if we recover compensation for you through either an insurance settlement or court award.

We also offer free consultations so you can speak with one of our attorneys at no cost to find out if you have a case. Your attorney will go over our fee schedule and contingency arrangement during your initial consultation. You really have nothing to risk and everything to gain by contacting our law office and consulting with our legal team.

How long it takes to resolve a personal injury case in Newark depends on several factors and can vary widely depending on the type of case. Each case is unique, and the timeline can be influenced by specific circumstances. Consulting with a personal injury attorney who can evaluate your case is the best way to get a more accurate estimate. That said, here are some factors that can impact the timeline of resolving a personal injury case in Newark:

• Severity of Injuries: Cases involving more severe injuries that require extensive medical treatment and rehabilitation might take longer to resolve.
• Liability and Disputes: If there’s a dispute over liability or fault for the incident, it can prolong the resolution process as both parties need to reach an agreement or proceed to court to establish fault.
• Evidence and Investigation: The time it takes to gather evidence, interview witnesses, and conduct investigations can influence the timeline. Complex cases with more evidence to collect might take longer.
• Negotiations: Negotiating a settlement with the at-fault party’s insurance company can take time. The back-and-forth process of reaching an agreement on compensation can vary.
• Medical Treatment: The duration of your medical treatment and rehabilitation can affect the timeline. It’s often best to wait until the full extent of your injuries and recovery is understood before settling.
• Court Process: If a settlement cannot be reached, the case might proceed to court. The court process can be lengthy due to scheduling, legal procedures, and potential delays.
• Complexity of the Case: Complex cases involving multiple parties, multiple injuries, or unique legal issues can take longer to resolve due to the intricacies involved.
• Your Lawyer’s Strategy and Approach: Your attorney’s approach to the case can impact the timeline. Aggressively pushing for a quick settlement might lead to a faster resolution, but it could also result in a lower settlement amount.

Given these variables, it’s challenging to provide an exact timeframe for resolving a personal injury case in Newark. Some cases might settle within a few months, while others could take a year or more. To get a better understanding of how long your specific case might take, consult with a personal injury attorney who can evaluate the details and provide you with a more accurate estimate based on their experience and knowledge of the local legal landscape.

Negotiations With the Insurance Company

While some personal injury cases end up in court, many settle during negotiations with the at-fault party’s insurance company. These negotiations can take a long time. They are often complex, time-consuming, and stressful.

If you do not have legal experience and sufficient knowledge, going up against the insurance company is likely to end in a low settlement or no settlement.

Insurance adjusters have years of experience minimizing payouts, pressuring victims into accepting smaller amounts, and drawing out negotiations until the statute of limitations is up. Without a personal injury attorney’s assistance, it is nearly impossible to get fair compensation.

The key benefits of delegating negotiations to a personal injury attorney include:

• Experience countering common arguments presented by insurance companies.
• Knowledge of all legal nuances, which keeps them from making unfortunate errors.
• No emotional involvement in your case, which makes it impossible to cave under pressure.
• Experience working with all local insurance companies and their representatives.

You are in a delicate emotional state when you are trying to recover from serious injuries. This makes it easy for insurance companies to use tactics and pressure you into accepting a low settlement.

An attorney helps ensure this does not happen and argues to maximize your payout.

Yes, you might still be able to obtain compensation for your Newark personal injuries even if you are partially at fault. New Jersey follows a modified comparative negligence rule with a 51% bar. Here’s how it works:

• Modified Comparative Negligence: Under this rule, you can still seek compensation for your injuries even if you are partially at fault. However, your compensation amount will be reduced by the percentage of fault attributed to you.
• 51% Bar Rule: You can only recover compensation if your percentage of fault is 50% or less. If you are found to be more than 50% at fault for the incident, you generally cannot recover any compensation from the other party.

Example: You were injured in a car accident and were found to be 20% at fault for the crash, while the other driver was 80% at fault. If your total damages were $100,000, your compensation would be reduced by 20%, and you would be eligible to receive $80,000 ($10,000 – 20%).

It’s important to remember that the insurance company or the other party’s legal counsel may try to place blame on you for the accident to reduce their own liability. That’s why it’s so important to have a lawyer on your side. An experienced attorney can help you navigate the legal complexities, protect your rights, and work to ensure you receive a fair and just compensation based on the circumstances.

The process of obtaining compensation for personal injuries in Newark involves several steps. While each case is unique, here is a general overview of the typical process:

• Get Medical Treatment: Your top priority is to make sure you receive the medical treatment you need for your injuries. Seek medical treatment immediately after the incident, even if your injuries seem minor. Document all medical treatment, diagnoses, and expenses.
• Speak with an Attorney: Contact a personal injury attorney in Newark as soon as possible. An attorney will provide legal advice, evaluate the strength of your case, and guide you through the process.
• Accident Investigation: Your attorney will conduct a thorough investigation, gathering evidence such as accident reports, medical records, witness statements, and photographs.
• Establishing Liability: Your attorney will work to establish that the other party was negligent or at fault for your injuries. This may involve demonstrating a duty of care, breach of that duty, causation, and damages.
• Filing an Injury Claim with the Insurance Company: Your attorney will file your injury claim with the appropriate insurance company and outline your injuries, damages, and the compensation you’re seeking.
• Negotiating a Settlement: The insurance company may respond with a lowball settlement offer. Your attorney will negotiate on your behalf to reach a fair settlement that compensates you for your injuries and damages.
• Medical Evaluation: Your attorney may consult with medical experts to assess the full extent of your injuries, potential long-term effects, and future medical needs.
• Filing a Lawsuit: If negotiations fail to yield a satisfactory settlement, your attorney may file a lawsuit. This initiates the formal legal process that involves:
  • Discovery: Both sides gather evidence, exchange information, and may depose witnesses. This phase aims to uncover all relevant facts and build the case for trial.
  • Mediation or Settlement Conference: Before going to trial, there might be a court-ordered mediation or settlement conference to attempt to reach a resolution.
  • Trial: If a settlement is still not reached, the case will proceed to trial. Your attorney will present your case to a judge or jury, and the responsible party’s attorney will present theirs.
  • Verdict and Appeal: After the trial, the judge or jury will render a verdict. If you win, you will receive your awarded compensation. Either party may have the option to appeal the decision if they can show judicial errors affected the outcome.
  • Collection: If you win your case, the responsible party or their insurance company is responsible for paying the compensation. Your attorney will ensure you receive what you’re owed.

Throughout the process, your attorney will provide legal representation, advice, and advocacy to protect your rights and help you secure fair compensation for your injuries and damages. The timeline can vary based on the specifics of your case, negotiations, court schedules, and other factors. Consulting with an experienced personal injury attorney in Newark will provide you with a more accurate understanding of what to expect for your unique situation.