Newark Personal Injury Lawyer
Found On This Page:
A personal injury case can be filed when you’ve sustained an injury as a result of someone else’s negligence or fault. When liability lies with someone else, whether their actions resulted in your injury or they failed to provide adequate protection when it was their responsibility to do so, you may be entitled to receive compensation for your damages.
If you’ve been injured as a result of someone else’s negligence, contact an attorney at Meirowitz & Wasserberg to schedule a free consultation.
What is personal injury law?
Personal injury law is a type of legal practice that focuses on actual bodily or emotional harm due to someone else’s negligence, recklessness, or malicious actions.
A New Jersey personal injury lawyer can help you obtain monetary damages to cover medical costs, loss of income, and emotional anguish.
Types of Personal Injury Cases We Handle at Meirowitz & Wasserberg
Meirowitz & Wasserberg handles a wide variety of personal injury cases. Some of the most common types of cases we cover include:
Newark car accidents can occur as a result of distracted driving, driving under the influence, and many other factors. In 2019, over 59,850 injuries and 524 fatalities were sustained from motor vehicle accidents in New Jersey.
Truck accidents often result in severe damage and personal injuries, due to the weight and size of commercial vehicles.
A motorcycle accident can result in traumatic injuries and even death. A motorcyclist has little protection between their body and the pavement. Due to the inherent exposure that riders face, they can sustain significant trauma when they’re involved in an accident.
Pedestrians may suffer personal injuries as a result of accidents, especially if they’re hit by a vehicle. Eighteen pedestrians were killed as a result of motor vehicle accidents in 2021 in New Jersey alone.
Medical malpractice can result in personal injuries caused by a doctor or nurse’s negligence. Medical malpractice can stem from inappropriate care, a failure to review medical history, misdiagnosis, and more.
Drunk Driving Accidents
Drunk driving accidents are especially dangerous. Those who are driving under the influence may be distracted, fail to respond appropriately to their surroundings, or make poor decisions behind the wheel. In the State of New Jersey, almost a third of all fatalities involve a drunk driver.
There were over 147,000 worker’s compensation cases filed in 2018 alone. These types of personal injury cases arise when an employee experiences an injury while on the job.
If someone is killed as the result of someone else’s negligence in a motor vehicle, workplace injury, or another type of accident, their spouse or children may be entitled to file a wrongful death lawsuit.
Steps to Take After a Personal Injury in Newark
If you’ve suffered an injury as the result of an accident, the first thing to do is visit a hospital or other health care clinic or facility for a full medical evaluation. A doctor can document the injuries you’ve sustained and provide you with medical care and a treatment plan.
In addition to visiting your primary care physician (PCP), in the event of an emergency, there are several well-qualified hospitals in Newark, including:
150 Bergen Street
Newark, NJ 07103
201 Lyons Avenue at Osborne Terrace
Newark, NJ 07112
111 Central Ave
Newark, NJ 07102
If you were involved in a vehicular accident, make sure to get a copy of the police report. If you were unable to get a copy of the police report after an accident due to injuries, you may contact their non-emergency line at (973) 733-6007.
After an accident has occurred, ask for the contact information of any witnesses. Take notes and pictures of the site where the injuries happened. You may need this information if you decide to file a personal injury lawsuit later.
If the accident occurred at work, seek medical care as soon as possible, especially if you’re seriously injured. Laws in New Jersey require that the employee report the incident to the employer within 14 days of the occurrence.
Make sure to handle the notification properly, as failure to report the issue can result in delays or denial of your workers’ compensation claim.
To improve the chances of receiving any compensation you may be entitled to, reach out to a personal injury attorneys at Meirowitz & Wasserberg for a free consultation.
Proving Liability in a Newark Personal Injury Case
There are four elements required to prove negligence. These include:
Duty of Care
A duty of care arises when the law recognizes a relationship between two parties. Due to the nature of this relationship, one party has an obligation to exercise reasonable care that another person in a similar situation would exercise.
For example, drivers on public roadways have a responsibility or duty of care to others on the roads.
Breach of Duty
A breach of duty occurs when the defendant does or fails to do something that an average person would do in a similar circumstance. For example, if a driver fails to signal before merging lanes, they might have breached their duty of care.
Causation requires a plaintiff to show that the defendant’s breach of duty was the cause of the plaintiff’s injury and losses.
Proximate cause means that the injury could be reasonably expected to occur from the breach of duty. It also means that the injury was directly caused by the behavior of the at-fault party.
Actual damages refer to proof of the injury and its resulting financial harm, such as medical bills or lost wages.
To prove negligence, you should first seek medical attention and documentation of your injury. Next, consult with a personal injury attorney who can listen to the facts of your case and help you to determine whether negligence was involved.
What types of damages can I recover in a Newark personal injury case?
If you’re injured as the result of another’s negligence, you may pursue various types of damages, including:
Economic damages can include monetary compensation for current and future medical costs, loss of income, disability, and loss of employment.
Damages that are non-economic in nature may include pain and suffering and emotional distress.
Punitive damages may be incurred if the negligence was particularly grievous. These penalties are designed to be severe, usually to set a public example and deter similar acts.
New Jersey Statute of Limitations for Personal Injury Lawsuits
New Jersey sets a statute of limitations for personal injury cases or wrongful death claims. All cases must be filed within two years after the injury occurs.
Who can bring an action for Wrongful Death?
In New Jersey, surviving family members can seek compensation for their resulting losses due to the death of their relative. Damages are limited to loss of income, reasonable funeral and medical expenses, and loss of services.
How can the Newark personal injury attorneys at Meirowitz & Wasserberg help me if I'm injured?
An attorney can assist you in recovering monetary damages that you’ve incurred as the result of an accident in which another person or entity acted with negligence or malicious intentions.
The lawyers at Meirowitz & Wasserberg are highly qualified in personal injury law. Every case is important to us and we have a reputation for excellence when serving our clients and obtaining fair compensation.
Contact the injury attorneys at Meirowitz & Wasserberg today for a free consultation.
Frequently Asked Questions (FAQs) About Newark Personal Injury Lawsuits
If you’re thinking about contacting an attorney regarding a personal injury, you might have questions. Here are answers to some of the most common questions we encounter.
Meirowitz & Wasserberg operates on a contingency fee basis, meaning there are no upfront fees. You’re not responsible for attorneys’ fees unless we win your case. After we secure a settlement or jury verdict in your favor, we will receive a percentage of any damages we’re able to recover on your behalf.
A personal injury attorney can work to understand the facts of your case and determine who may be at fault for your injuries. In a car accident, you’ll likely be able to sue the other driver if they were negligent. In the event of a truck accident, you may be able to hold the driver’s employer responsible for damages. Additionally, you may be able to sue the manufacturer if faulty brakes or another defect contributed to the accident.
If your injury was the fault of the City of Newark or the State of New Jersey, you may file a personal injury lawsuit against them. The Torts Claim Act requires that all claims be filed within 90 days of the accident. The State of New Jersey has six months to review and respond to any claims.
New Jersey has a comparative fault rule, meaning that damages may be recovered up to the extent that the victim was not at fault. Thus, if a judge finds that the victim was 25% at fault for the accident, they may receive up to 75% of the damages that would have otherwise been available to them.
Approximately 95% to 96% of personal injury cases end in settlement, meaning that the parties involved in the lawsuit come to an agreement for damages. The remaining cases go to trial, and a judge or jury must make a decision on liability and appropriate monetary compensation.
Once you receive a personal injury settlement, your attorney will work with the parties involved to obtain the documentation and signatures required to finalize the case. Settlements are typically paid out within six weeks.
Outstanding medical and repair bills are paid first. Afterward, your attorney will receive payment for their services as agreed upon upfront. The remaining amount will be yours to keep.
Newark, NJ 07102