Newark Personal Injury Attorney

Newark Personal Injury LawyerIf you or a family member were injured by a negligent person, business, or organization in Newark, contact a Newark personal injury lawyers to protect your interests.

If someone seriously injured you, it was probably an accident, but that doesn’t matter when you’re in pain. No matter how it happened, if your injuries were preventable you should hold the responsible parties accountable for their actions. In Newark, accidental injuries occur when you least expect them. They occur in situations you encounter every day and at times and places you expect to be reasonably safe. People often sustain injuries while driving to work, during an evening of dining and dancing, or while simply strolling through their neighborhood.

When you’re seriously injured, it may change who you are. You must put your life on hold while you adapt to a new normal that revolves around treatment and recovery. After emergency treatment and a hospital stay, you must endure rigorous follow-up care. High-dollar medical, surgical, and rehabilitation costs become an inevitable fact of everyday life. It’s even worse when your injuries are serious or catastrophic.

When you sustain a serious injury, you must manage the personal costs as well. You learn to manage pain, stress, and physical impairments. If your injuries permanently disable you, your finances may never recover and your lifestyle may change forever.

The tragic aspect of many personal injuries is that they’re usually the result of someone’s negligence, and they’re often preventable. If the person who caused your injuries had exercised more caution or acted less recklessly, you likely would never have been injured in the first place.

That’s where Jacoby & Meyers, LLP, can help.

We Hold Negligent Parties Accountable for Their Actions

At Jacoby & Meyers, LLP, we believe that negligent people should pay for the damages that they cause. We’ve always understood that the best way to make that happen was to make quality legal representation available to everyone. Since 1972, our personal injury lawyers have provided compassionate legal services that produced quality results. We’ve helped our injured clients recover millions of dollars in damages caused by individuals, businesses, organizations, and corporate entities.

We’ve also understood that it was important to know our clients and their families. This has allowed our firm to understand all the ways an injury has affected the lifestyles and futures of our injured clients.

Our firm handles personal injury cases only. Our focused effort has allowed our attorneys to gain a comprehensive understanding of the relevant statutes and legal issues involved in each of our client’s cases. We’ve assessed accident circumstances and determined all potentially negligent persons or entities. Our legal team’s expertise has enabled us to pursue each case diligently to produce the best outcomes for our clients.

Our Firm’s Results

At Jacoby & Meyers, LLP, our personal injury attorneys have always worked hard to deliver serious results for our injured clients. We’ve resolved cases by fighting for the solution that’s best for our clients and their personal circumstances. When negotiation was an option, we’ve worked with defense attorneys and insurers to produce the best settlement for our clients. We have resolved cases through mediation and other Alternative Dispute Resolution processes. When litigation was the only solution, we’ve presented our clients’ evidence before a judge and jury.

As each injury case is unique, our firm can’t promise a specific settlement outcome. We believe that our case results demonstrate our dedication to producing the best results for injured clients and their families.

  • $8.3 million, medical malpractice settlement: While delivering a baby, a physician failed to perform our client’s C-section in time. The baby developed cerebral palsy because the physician allowed him to remain in a stool-contaminated uterus for too long.
  • $5.7 million, bus accident wrongful death jury verdict: Our client’s child, an 8-year old girl, sustained fatal injuries when a runaway Brooklyn school bus struck her. The bus barely avoided striking the injured girl’s brother.
  • $5 million, truck accident settlement: Our client was injured in a multi-vehicle accident while driving his truck. He sustained severe leg, intestine, lung, pelvis, sacrum, and rib injuries. During the negligence portion of the bifurcated trial, the jury found a single defendant liable for the accident. We settled our client’s case during the damage portion of the trial. The defendant’s insurer paid his $1 million policy limit. His excess carrier contributed $4 million.
  • $4.2 million, premises liability settlement: Our client’s 2-year old sustained serious burns when an unstable and unsecured stove overturned. The child sustained burns from boiling water and flames.

“I had an amazing experience with Jacoby & Meyers, LLP. I would highly recommend them for anyone needing a law firm.” -Paul T.
★★★★★

Types of Personal Injury Cases That Our Law Firm Handles

Negligent people and entities cause injuries in public spaces, in entertainment venues, on public transportation, and in a variety of other places throughout New Jersey. The New Jersey Department of Transportation documented auto accidents in one year, in which 61,043 drivers and passengers sustained injuries. A 10-year workplace injury history compiled by the New Jersey Department of Health documented an average of 3,000 workplace-related hospitalizations each year. The most frequent occurrences involved falls, burns, and asbestos-related cancers.

 

Someone’s negligent act can injure you at home, on the job, or any place you go. Our attorneys understand this, so we’ve developed the individual and collaborative skillset to handle injury cases in multiple practice areas.

Negligent People Cause Many Types of Personal Injuries

Our personal injury lawyers have worked with clients as they’ve recovered from a variety of serious and catastrophic injuries. Falls cause serious fractures, spine and brain injuries, and soft tissue damage. Fires cause fourth and fifth-degree burns that damage skin layers, muscle, and bone. Large trucks strike cars with such a forceful impact that they severely damage passengers’ spines and brains, and sometimes cause fatal injuries. Industrial machines in the workplace wield a force that can amputate a hand, arm, or finger in a single blow.

Injuries vary significantly, depending on the type of accident

  • Compound and comminuted fractures
  • Spinal cord trauma and paralysis
  • Severe sprains and strains
  • Serious lacerations and dog bites
  • Limb, hand, and digit amputations
  • Back and neck injuries
  • Dislocated and herniated discs
  • Traumatic brain injury
  • Anoxic brain damage
  • Multiple limb and digit fractures
  • Skull and facial fractures
  • Severe fire and chemical burns
  • Traumatic amputations
  • Internal organ injuries
  • Wrongful death

Who Is at Fault When an Injury Occurs?

Depending on the accident cause, location, and circumstances, more than one person often shares responsibility for an injured person’s damages. Early in the life of a case, we’ve approached it with the idea of uncovering all of the responsible parties who caused or contributed to the accident.

  • Vehicle accidents: Drivers have a duty to operate their vehicles so that they don’t cause accidents or injuries. The owner must provide insurance to cover the damages that his vehicle causes. Owners are often liable if they negligently entrust a vehicle to a driver with a known history of driving problems. If a vehicle defect caused or contributed to an accident, the manufacturer shares a portion of the responsibility for damages. The same is true for a problem involving improper or inadequate maintenance.
  • Truck accidents: A truck driver is responsible for his own negligence. If he or she is using the vehicle in accordance with his duties as an employee, then their employer also shares liability. Employers are also responsible if they knew a driver had a bad driving history and allowed them to drive anyway. If a truck caused an accident due to a manufacturing or maintenance defect, the manufacturer or maintenance contractor is also liable.
  • Workplace accidents: When an accident occurs in a factory or other industrial work area, it often involves chemical exposures, premises defects, or poorly designed or manufactured machinery or equipment. An employer is only responsible for paying an employee’s benefits through a worker’s compensation insurance carrier. A chemical or equipment manufacturer or a subcontractor often share responsibility.
  • Construction accidents: The General Contractor (GC) or Construction Manager (CM) usually has a duty to supervise a construction site. It’s the GC or CM’s job to maintain a safe environment and prevent injuries due to equipment accidents, wall collapses, trench cave-ins, and contractor negligence. As construction sites often employ multiple contractors and subcontractors to do the actual work, a GC or CM usually assigns or transfers liability via contracts or agreements.
  • Architects and engineers: Architects and engineers design and plan construction projects. They also designate construction materials and methods. They are responsible for design and planning defects that cause injuries.
  • Premises incidents: Depending on the accident, property owners, as well as their tenants, managers, pool maintenance contractors, security staff, and employees are all responsible for premises injuries.

What Damages Does an Injured Person Recover?

In New Jersey, a personal injury settlement is based on compensatory damages, general damages, and, occasionally, punitive damages.

Compensatory Damages

Compensatory damages include the actual financial losses that injured individuals incur while treating their injuries and recovering from their disabilities. Compensatory damages are relatively easy to calculate, as they’re based on out-of-pocket costs. If an injured person’s treatment is ongoing, an economic expert can project future expenses to include in the settlement. Compensatory damages often include:

  • Current and future wage losses
  • Current and future medical expenses
  • Pharmaceutical costs
  • Prosthetics and mobility devices
  • Physical and psychological therapy
  • Scar revision surgery
  • Rehabilitation services
  • Transportation costs
  • Household services
  • Funeral expenses

General Damages

General damages reimburse an injured person for their emotional and psychological injuries. They are often a highly negotiated element of a settlement. Evaluating general damages requires that attorneys and courts assess a dollar value based on an injured person’s subjective concerns. General damages often include:

  • Pain and suffering
  • Anxiety and distress
  • Losses to spousal and family relationships
  • Inability to perform usual duties
  • Loss of bodily functions
  • Scarring and disfigurement
  • Permanent disabilities
  • Reduced life expectancy

Punitive Damages

Courts award punitive damages to punish a defendant for exceptionally bad behavior. In New Jersey, a plaintiff sometimes receives punitive damages if he or she can show clear and convincing evidence that a defendant acted out of malice and with a wanton and willful disregard of persons who foreseeably might be harmed.

How Do Negligent Parties Defend Themselves?

Each person or entity involved in defending a liability case often has their own unique strategies and separate motivations. The drive to avoid paying for personal injury damages usually begins with responsible parties and continues with their insurers and defense attorneys. Insureds sometimes report claims in a way that makes them appear not at fault. It sometimes helps them avoid or delay the increased premiums and policy non-renewals that often follow a paid liability claim. An insurer or self-insured corporation won’t necessarily negotiate fairly even when liability is clear. They save claim dollars by paying as little as possible.

Commercial entities often won’t report a product or premises liability claim until the injured person files a lawsuit. It helps them avoid the diminished reputation and lost profits a defective product or premises allegation often causes. Postponing a claim report is often a workable defense strategy. A delayed response sometimes forces an injured person to doubt their claim’s validity. When an injured person doesn’t receive a response to an initial inquiry, sometimes they simply walk away.

Insurance companies often use litigation as a negotiation tool. They realize that some law firms don’t have the resources to try a case to its ultimate conclusion. They also understand that some injured people would rather settle for less to avoid trial preparation costs that might eat away their settlement. Insurance company attorneys often respond to a plaintiff’s lawsuit by pleading traditional defenses with the idea of winning on liability or damage issues.

  • No negligence: If defendants prove that they did nothing wrong, they pay nothing.
  • Premises liability: Property owners have several defenses to liability. If they prove an injured plaintiff was trespassing, they have minimal duty to prevent an injury. Property owners also rely on notice defenses: notice of an adverse condition or defect, lack of discoverability in the absence of notice, and other defenses.
  • No defect: If a plaintiff fails to prove that a product defect or maintenance failure caused an accident, the defendants don’t owe the plaintiff’s damages.
  • Contractual: General contractors, property owners, and other commercial defendants often avoid liability by including hold-harmless agreements, duty-to-defend agreements, and indemnification clauses in written contracts or subcontracts.
  • Damages: Defendants often try to reduce judgments by contesting some or all of the claimed injuries.

Top 100 National Trial LawyersAt Jacoby & Meyers, LLP, our personal injury attorneys don’t appreciate unfair or unrealistic defense strategies, but we know how to defeat them. Our attorneys are experienced negotiators and litigators, and our firm has the resources to support them. Long before we’ve sat down at the negotiation table or entered a courtroom, we’ve investigated our clients’ cases, evaluated the evidence, and planned our legal presentations. We produce the best possible outcomes for our clients because we’re always prepared.

Newark Personal Injury FAQs

Do you have questions about your right to compensation following an accident that resulted in severe injuries? Do you want to know more about your legal rights, including your right to compensation? Contact a personal injury attorney, like those at Jacoby & Meyers LLP, as soon as possible after your accident to ask specific questions about your claim or the compensation you deserve.

1. How do I know I have grounds to file a Newark personal injury claim?

If you think you may have grounds to file a personal injury claim after an accident, always get in touch with us to learn more about your rights. An attorney can help you take a look at the accident and your claim and determine whether you deserve compensation from the liable party and, if so, how much you may deserve.

However, in general, you may have grounds for a personal injury claim if:

  • Someone else’s negligence caused your injuries. Consider, for example, a premises liability claim. You may expect, when you visit a business or private property, that the owner of that property will take the necessary steps to prevent you from suffering an injury. Unfortunately, you slip and fall on a spill, resulting in back and/or neck injuries. You suffered that fall purely because of the wet flooring, which the business’s employees neglected to clean up, which means that you suffered injuries due to the negligence of that business.
  • The party that caused your injuries bore a duty of care to you at the time of the accident. To file a personal injury claim, your attorney would need to establish that the negligent party bore a duty of care to you at the time of the accident. In some ways, this may depend on your actions. For example, if you suffer a slip and fall in a public area of a business, that business may have violated its duty of care to you by failing to clean up a spill or by leaving a dangerous cord or debris in the pathway, leading to your fall. On the other hand, if a box falls on your head in a back room clearly marked for employees only, while reaching up over your head, the business may not bear liability for your traumatic brain injury because you strayed into an area clearly marked to keep customers out.
  • You suffered injuries due to the other party’s negligence. Sometimes, you may walk away from a scenario that could have caused serious injuries with little more than a fluttery feeling in your chest or a substantial blow to your pride. Suppose, for example, that a box fell off of a high shelf as you walked past it in a store. You managed to get out of the way, so, while the accident caused a spike of alarm, it did not cause severe injuries. Consequently, you do not have grounds for a personal injury claim. On the other hand, if that box strikes you and causes serious injuries, you may have grounds for a personal injury claim.

Likewise, suppose you had a fender bender in the parking lot with a driver texting while driving. The driver clearly bore a duty of care to you, since all drivers bear a duty of care to others on the road, and violated that duty of care while texting and driving. However, if you suffered no injuries in the accident, you do not have grounds for a personal injury claim. You may, however, still have grounds for a property damage claim if that accident caused damage to your vehicle.

2. How much is my Newark personal injury claim worth?

The value of your personal injury claim may depend on:

  • What injuries did your accident cause? Most of the time, your medical bills will form the foundation of your personal injury claim. If you suffered severe injuries and have substantial medical bills, you can often receive more compensation than if your accident caused relatively minor injuries.
  • How did your injuries affect your work? Did you have to miss work because of the injuries from your accident? Did you end up having to seek employment in a new field because of serious injuries from an accident? If so, you may find that you have grounds for additional compensation.
  • Who caused your injuries? In many cases, you will need to take a look at the party that bears liability for your accident to determine how much compensation you may deserve for your injuries. Often, the liable party will carry an insurance policy specifically designed to cover people who suffer an injury due to their negligence: medical malpractice insurance, auto insurance, or property insurance, for example. That insurance policy may have specific terms and limitations that could help determine how much compensation you can seek for your injuries.

3. The liable party’s insurance company offered me a settlement in my Newark personal injury claim. Should I take it?

Insurance companies often know how to make a settlement offer sound as tempting as possible—or, equally often, to pressure you into taking that offer before you have a chance to discuss it with an attorney. They may try to convince you that the offer contains generous compensation for your injuries, or that you need to accept an offer fast to prevent it from disappearing.

Unfortunately, these tactics often serve to cover up the fact that the offer does not include the full compensation you really deserve for your injuries. The insurance company may want to reduce its financial liability to you as much as possible. If you accept a low settlement offer, it can prevent you from later seeking the compensation you really deserve for your injuries. Not only that, you may have a hard time paying your medical bills or managing other expenses related to your accident.

Instead of ending up stuck with a low settlement offer, talk to an attorney before accepting any settlement. An attorney can go over your claim and the circumstances that led to your accident, then provide you with a better idea of the compensation you really deserve. You may find that the settlement offered by the insurance company comes in much lower than the amount you really deserve for your injuries. By working with an attorney, you could submit a counteroffer that more accurately reflects your actual needs and losses.

4. When do I need an attorney to help me handle a Newark personal injury claim?

Any time you suffer serious injuries in an accident, you should contact an attorney as soon after your accident as possible. Many people worry that working with an attorney will end up costing more than they can afford, especially if they suffered injuries that prevent them from taking on their usual work tasks. However, an attorney may turn out to be more affordable than you initially thought. Most personal injury attorneys, like Jacoby & Meyers LLP, start by accepting clients on a contingent fee basis. Instead of paying upfront for legal services, you would pay your lawyer out of a percentage of your settlement. That means you can get the legal assistance you need as you manage your claim without having to worry about expensive legal fees on top of your other bills before you start your claim.

You need an attorney if:

  • You receive a fast offer from the insurance company. If that offer comes quickly after your accident, it might not reflect the compensation you really deserve.
  • The liable party tries to deny liability for your injuries. Sometimes, the liable party may try to prove that you caused the accident or that another party shares liability for the accident. In a case of disputed liability, a lawyer could be critical in establishing what caused your injuries.
  • More than one party shares liability for the accident. If more than one party shares liability for the accident and your injuries, they could end up fighting over percentages, which could slow down the claim process and leave you struggling to get the compensation you deserve. An attorney can help cut through that red tape and determine who bears liability for your injuries.
  • You sustained severe injuries. The more serious your injuries, the more difficult it may be to acquire the compensation you deserve after your accident. The insurance company might fight harder to reduce financial liability when you need to claim considerable compensation after serious injuries. An attorney could help fight for you and increase the odds that you could receive the full compensation you deserve.

5. How long does it take to receive compensation after filing a Newark personal injury claim?

You should not expect a fast process and a quick settlement when you file a personal injury claim. In many cases, it can take longer than anticipated for you to get the compensation you need in hand.

The claim process involves multiple steps, and each step along the way can include challenges that may add time to your claim.

  • Investigating the accident. Your attorney would start by investigating the conditions that led to your accident. Sometimes, this may simply mean a straightforward look at where your accident occurred, who caused it, and your injuries. In other cases, however, it may mean an in-depth look at the party that caused your accident or even others who may have contributed to the accident. The more parties your attorney needs to investigate, the longer it can take to put together your claim. Your attorney may also need additional time to investigate a big corporation that causes a serious accident or a location or business with a known habit of causing serious accidents or injuries.
  • Healing from your injuries. In many cases, it can take up to six months after your accident before you know how much you will eventually recover from your injuries—or how much your medical care will cost. In some cases, your attorney may advise waiting until you have progressed through that healing process before filing your personal injury claim. While you can estimate the future anticipated cost of medical care, that estimate may not fully reflect the costs you may face while recovering. By waiting, you can create a more accurate claim that more fully reflects the compensation you deserve.
  • Negotiation. To reach a settlement agreement that reflects both your interests and the insurance company’s, you will probably need to negotiate. Many personal injury claims go through multiple rounds of negotiation before you and the liable party’s insurance company can arrive at an agreement that works for both of you. Each round of negotiation, however, can add to the time needed to settle your claim.
  • Court. In some cases, you may not reach an agreement with the insurance company. The insurance company may try to insist that you do not really deserve the compensation you claim, or even that you caused your own injuries. If so, you may need to go to court to reach an agreement. If you must go to court, you may need to wait for a court date and present your case, which can add more time to your claim.

6. Can I file a Newark personal injury claim if I suffered injuries at work?

In most cases, if you suffered injuries at work, you will need to file a workers’ compensation claim, not a personal injury claim. Workers’ compensation kicks in regardless of who caused the accident. Many accident victims find that workers’ compensation helps offer more assistance than a traditional personal injury claim, since workers’ compensation will pay for a percentage of your income while you recover as well as taking care of your relevant medical expenses.

However, in some cases, you may have the right to file a personal injury claim along with your workers’ compensation claim.

You may have grounds for a personal injury claim if:

  • Your employer committed an act of negligence that led to your injuries.
  • You suffered injuries due to the negligence of another party, not your employer, while at work.

Contact a personal injury attorney at Jacoby & Meyers LLP today to learn more about your right to file a personal injury or workers’ compensation claim.

Reach out to Our Newark Personal Injury Lawyers

If you or a family member were injured by a negligent person, business, or organization in Newark, you need a legal representative to protect your interests. Contact Jacoby & Meyers, LLP, and let us determine if we can help you. Call us at (973) 643-2707, or complete our online contact form.

Newark Office

50 Park Place, Suite 1101
Newark, NJ 07102
973-643-2707

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