Newark Personal Injury Lawyer

At Omni Injury and Accident Law, we will work to ensure that the relevant damages you have sustained as the result of a personal injury accident in Newark are compensated fairly by the insurance companies and the jury in the event that the case goes for trial. 

With an experienced Newark personal injury lawyer by your side, you can be assured that we will work diligently and fight for your rights and the compensation you deserve, while you give yourself the time to recover from this incident. You can set up a free initial consultation call by calling at 646-736-4184.

How Can A Newark Personal Injury Attorney Help You?

No one expects to be involved in a personal injury accident and when one occurs, all sorts of question arise–will I ever be able to recover from this, how will I manage the money to recover from it, will I able to go back to my normal life and most importantly what I do now when I’m in a personal injury accident?

When the accident occurs you may call the police, and seek medical attention, but at some point you will have to deal with the insurance companies. The agents of insurance companies are trained professionals who may try to deny or minimize your claim.

A Newark personal injury lawyer understands these tactics and can take control of communications with the insurance companies, negotiate with them and move strategically to build a strong personal injury case. This includes:

Case assessment and Legal Guidance

With initial case assessments of your personal injury case, we provide you legal guidance in terms of the options available, determining the strengths and weaknesses of your personal injury case, assessing who was potentially negligent and the potential liability of each party involved in the accident. 

Evidence Collection and Documentation

Evidence is important at every step of your personal injury claim. This includes your statements, police reports, medical reports, witness statements, doctors visits, and medical bills. With this evidence, we can create a sequence of events that helps to prove the liability of the at-fault party, and work to obtain the compensation and determine the kind of damages you may be entitled to.

Accident Investigation

Proving how the accident happened requires a thorough analysis of the accident location, weather conditions, vehicle damages, checking data from vehicle recorders etc. This is done by accident reconstruction experts who can recreate the accident and help the attorney, insurance companies, and potentially a jury understand what transpired. 

Settlement Negotiations

The majority of personal injury cases in the US are settled out of court, which is done by conducting settlement negotiations with the insurance companies. The process starts with sending a demand letter to the insurer, which includes details about the accident, injuries sustained by you, losses, the fault of the defendant and why the insurance company should be responsible for paying for the personal injury claim.

Court Representation

If insurance companies don’t agree to provide fair compensation, we can move to trial. With our years of experience in defending personal injury claims, we prepare a strong legal representation in court which includes the presentation of evidence, witness testimony, cross examination, jury deliberation, and verdict.

Post-Trial or Post-Settlement Support

At the completion of the settlement or trial, our Newark personal injury attorney may appeal the verdict if it is unfavorable to the injured party, handling any post-judgment issues, getting the settlement amount, managing the settlement amount, and monitoring your medical treatment and legal development that can affect your case.

At Omni Injury and Accident Law, we understand what you are going through, and ensure that you are completely focused on your recovery while we work hard to get you the compensation you deserve.

Personal Injury Cases We Handle in Newark

At Omni Injury and Accident Law, our Newark Personal Injury Lawyer has extensive experience in representing victims in all types of personal injury cases across New Jersey. Some of the key practice areas include:

• Motorcycle Accidents: According to the National Center for Statistics and Analysis, motorcycle riders are 24 times more likely to die in traffic collisions. With less protection and more injuries, motorcycle accidents give rise to severe personal injuries. We have successfully represented a number of injured parties in various motorcycle cases.
• Bicycle Accidents: According to the Insurance Institute for Highway Safety, bicycle deaths are at a 47 year high. This type of personal injury case is responsible for fatal injuries like head injuries, facial injuries, broken bones, soft tissue injuries, leading to serious long-term consequences.
• Spine Injuries: Spine injury cases are caused when there’s damage to the backbone or the tissue of the spinal column. This kind of injury can lead to paralysis, loss of motor controls and sensations. These are more difficult to identify at the time of accident, as rarely any MRI scan is performed at that time.
• Auto Accidents: These accidents include accidents like drunk driving, hit and run, tractor trailer collisions, brake failure, etc. Most of these cases are consequences of speeding, failure to follow traffic rules and distracted driving. We handle all these and many more types of cases. 
• Dog Bites: Newark follows a strict liability rule in the case of dog bites. According to this rule,  the dog owner may be liable for the injuries caused to the victim irrespective of whether it took reasonable care to prevent this from happening. However, this comes with certain exceptions like provocation, trespassing, etc. With years of experience handling dog bite cases, our seasoned attorney can handle the technicalities and legal nuances of dog bite victims.
• Premises Liability: If you slip and fall in someone else’s apartment, building, store or elevator, due to the negligence of the property owner, our personal injury lawyers can help you fight for compensation for your injury.
• Brain Injuries: Traumatic Brain injuries, resulting from severe blows to the head, from an accident or fall, can have long-term effects, requiring compensation for medical expenses, rehabilitation, long-lasting care, and change in quality of life.
• Truck Accidents: Truck accidents are often caused due to driver fatigue and improper checking of trucks, leading to extensive injuries. We will fight to protect your rights in large commercial truck accidents and secure settlements for damages.
• Pedestrian Accidents: Any accident of pedestrians on roads and crosswalks with a motor vehicle can result in severe injuries. If you are a victim of a hit-and-run, our personal injury lawyers can help in locating the liable party and getting you the compensation you require for your injuries.
• Uber/Lyft Accidents: In any personal injury case, when there are multiple cases, parties or situations, determining liability can be more complicated. In uber/lyft accidents, you may file a claim, depending on your insurance policy,  against the driver as well as the big ridesharing companies. Furthermore, your claim in a rideshare accident may also depend on whether the driver was logged in the app at the time of accident. 
• Wrongful Death: These cases are filed by certain close family members of the deceased against the at-fault party. We can help you prepare a strong case to prove why the at-fault is liable, and potentially get you compensation. 

Common Causes of Personal Injuries

Based on our experience in helping people with their personal injury cases in Newark, we have compiled the following list of the most common causes of personal injury claims:

• Car Accidents: In 2024, there were 654 crashes in N.J. leading to 690 fatalities. Car accidents are typically caused due to rash and negligent driving, often by inexperienced and distracted drivers. Car accidents can cause life-altering injuries and even death in extreme cases.
• Wrongful Death: Wrongful death cases are in some ways similar to other personal injury claims, such as car accidents, slip and fall, and medical malpractice, but they involve the loss of life.
• Slip and Fall: Slip and fall accidents account for over 1 million visits to the hospital, or 12% of total falls in the U.S. They occur due to wet, icy, uneven floors, inadequate lighting, spills on the floor, etc., that can cause sprains, fractures and even broken bones.
• Workplace Accidents: Workplace accidents account for a sizable portion of personal injury cases mainly because they can occur in any industry. Unsafe working conditions, faulty equipment, human errors, and negligence are the main factors causing workplace accidents.
• Bicycle and Pedestrian Accidents: According to a 2024 report, there were 5,711 bicyclist and pedestrian-involved crashes on N.J. roadways between 2016 and 2020. While trucks and cars have airbags and other safety measures, pedestrians and bicycle accident victims are at a greater risk of severe injury.

Compensation in Personal Injury Cases

After an accident, your life comes to a halt as you are subjected to the pain of injury or loss and at the same time the financial burden of medical expenses. Adding to the difficulty, are the lost wages and missed work opportunities from being absent from your job temporarily or in extreme cases even permanently. 

Compensation may be awarded to the victim for the damages they suffered due to another person’s negligence. A successful personal injury claim, results in financial settlements for damages and injuries that have been suffered by a person.

Types of Damages You Can Recover

Damages can be recovered as compensation in personal injury cases based on the type and injury severity and other factors including whether the injuries have short and long-term effects among other things. Moreover, damages may be reduced in situations where a victim’s contributory negligence led to the accident. There can be two types of damages that can be recovered. They are as follows:

Economic damages

These damages are measurable losses and costs incurred by the victim which would not have taken place without the negligence of the at-fault party. This covers the financial burden that is incurred by the victim in the following scenarios: 

• Medical expenses paid by the victim include those incurred from the time of the accident until the victim has recovered. These expenses may include, but are not limited to,  surgeries, medicines, use of medical devices, prosthetics, or mobility assistance tools.
• If an accident results in short or long-term disability, then the victim may recover medical costs associated with the injury, such as ongoing care, medical equipment, and more. 
• Loss of salary and earning capacity. 
• Expenses of funeral (in case of death).
• Repair or loss of property damaged at the time of accident.

Non-economic damages

In contrast to economic damages, these damages cannot be measured and do not have a set monetary value. These are paid to the victim in certain cases as indirect and emotional costs of the accident. Non-economic damages may include but are not limited to the following:

• Pain and suffering
• Loss of consortium
• Permanent disability and impairments
• Impact on quality of life
• Emotional distress and trauma 

Punitive damages

Punitive damages are awarded to punish the at-fault party for wilful or wanton misconduct that endangers the life of others, so that the defendant does not repeat similar behaviour in future.

Factors Affecting Compensation Amount

The amount of damages that you may receive in a personal injury claim is influenced by multiple factors. This includes losses directly arising from the accident such as financial losses and any significant life changes, and the negligence of the defendant and any contributory negligence of the victim.

Some common factors that impact the compensation amount, are mentioned below:

• Injury severity
• Type of accident
• Medical treatment expenses
• Lost wages due to the inability to work
• The liability owed by the defendant towards the victim and the extent of his negligence.
• Modified comparative negligence

When to Consider Filing a Personal Injury Lawsuit in Newark?

If you have been injured or incurred any damages which can be emotional, physical or financial because of someone else’s reckless or negligent behavior then you may have a personal injury claim. However, when deciding if you can file a personal injury lawsuit in Newark, it will depend on the following factors, namely, proving negligence and establishing liability in Personal Injury Claim

The first stage of the personal injury claim is to find out the parties at-fault and prove that they were negligent and ought to be held responsible for the damages. Here are four elements that need to be proven in almost every personal injury case. 

• The first step is to prove that the person had a duty to care towards others which means the person has to take reasonable care to prevent harming others from his/her actions. 
• If the person acted or failed to act in a particular way which is different from what a reasonable person or person of ordinary prudence would do, and which resulted in harm to someone else’s, then this will be termed as breach of duty.
• Subsequently, the claimant must prove the proximate cause and cause-in-fact. Proving cause in fact means that the act of the at-fault parties lead to the injury while proximate cause means the injury was something foreseeable from the actions of the at-fault parties. This is also called proving causation. 
• The final step to prove liability is to prove the damages you have sustained because of the negligence on the part of the at-fault party which includes proving the severity of injuries and how it has affected your life.

Now that you know what you need to prove to establish liability, you also need to know what you’ll need to prove it. Here are five types of evidence you will need to prove your claim:

• Photos and videos of the accident scene and injuries. 
• Statements from witnesses, doctors, accident reconstruction experts etc. 
• Detailed police report and property damage report. 
• Medical records with all the documentation you have received from your doctor from injury, surgeries and regular doctor visits. 
• Documents and emails of financial loss and lost opportunities.

Seeking Medical Treatment and Maintaining Documentation

Getting medical help is not just important for your health and recovery, it is equally important for calculating your damages, pain and sufferings and strengthening your personal injury claim. So, it’s important that you seek proper diagnosis, expert opinions, have proper documentation of your visits and ongoing care.

Calculating Damages and Understanding Compensation

There are various damages that you can claim in your personal injury claim including economic and non-economic damages, that further includes, medical costs, lost wages, emotional trauma, and pain and suffering. Having an accurate calculation of your damages prevents the undervaluation of your claim of personal injury.

Dealing with Insurance Companies and Negotiating Settlements

Never give any statements or sign any agreements without legal advice from an experienced personal injury lawyer to ensure that you receive the compensation you deserve. Once you sign a settlement agreement with an insurance company you lose the right to pursue any litigation against the at-fault party.

Hiring a Lawyer for Legal Representation

While understanding the above technicalities before filing a personal injury lawsuit is essential, consulting an experienced personal injury lawyer is just as important. A personal injury lawyer can help you evaluate your option depending on the facts of your case and develop a course of action. 

Approaching a court should be the last resort of any claim as personal injury lawsuits may take years to resolve. Even if a judge or jury passes an award in your favor, the amount of damages can be tied up in appeal.

Legal Time Limits for Filing a Claim in Newark

The statute of limitations sets a maximum time limit within which victims of personal injury have to file the injury claim. In Newark, the time limit to file a claim and start the legal process is two years from the date of personal injury.

While this rule applies to all cases including medical malpractice, assault, car accidents, etc, there are certain exceptions which means the time period to file the claim is extended. For example in property damage claims, the victim has six years to file an injury claim.

Other exceptions to the legal limits for filing a claim for personal injury in Newark include:

• Continuous Treatment Rule: If you have received continuous treatment from a medical professional (in medical malpractice cases), the statute of limitations will start from the time you found out about the injury or would have reasonably found out. 
• Special Protection for Minors: If at the time of the accident, you were a minor, then the statute of limitations can be extended and the legal deadlines will apply after you turn 18.

What Is The Cost Of Hiring A Newark Personal Injury Lawyer?

The cost of hiring a Newark personal injury attorney will depend on your personal injury claim.

If we talk about the initial cost of hiring Omni personal injury lawyers then there’s none. We work on a contingency fee basis which means that you don’t have to pay us anything until we win your case and get you the compensation.

The cost of hiring a lawyer is calculated from the net sum recovered which is after the payments of costs like deposition, filing fees, investigation and liens.

After you get your settlement check, a personal injury lawyer takes a pre-agreed upon  percentage of the total compensation you receive. 

Contact Newark Personal Injury Lawyer Today

If you or a loved one has been a victim of a personal injury in Newark, contacting a personal injury lawyer is one thing that you can’t miss. 

At Omni Injury and Accident Law, our experienced team of personal injury advocates are here to provide you the right legal support you need. Call us at 646-736-4184 to schedule a FREE consultation today. 

Remember, you don’t have to face the challenges of a personal injury case alone!

FAQs

How Do I Know If I Have a Valid Personal Injury Claim?

If you have been injured due to the negligence, reckless or intentional behaviour of someone, you may have a personal injury claim, regardless of whether you may share in some of the fault of the accident. 

How Long Does It Take to Resolve a Personal Injury Case?

It may take as little as 6 months to as much as 2 years or more to resolve a personal injury case. However, the exact time might vary depending on severity of the injuries, medical treatment, legal documentation, acceptance of claim and the time it takes for the settlement negotiation.

Can I File a Claim If I Was Partially at Fault?

Yes, you can file a personal injury claim even if you were partly at fault. As New Jersey follows a modified comparative negligence rule which provides  that even if you were partially at fault and it is below a certain threshold, which is  50% in New Jersey,  you may still be able to recover compensation reduced by your amount of fault. For example if your damages were $100,000 and you were deemed 20% at fault, then your total damages would be diminished by $20,000. 

What Happens If the Other Party Is Uninsured?

Even if the other party is uninsured, you may still be eligible for compensation for your injuries. In auto accidents, you can seek compensation by filing a claim under uninsured motorist coverage or through your own insurance company if the damages exceed the other party’s policy limits.

What Should I Bring to My First Meeting with a Lawyer?

In your first consultation with our personal injury lawyer, you can bring your medical records, police report, and witness statements and other relevant documents that you feel can help us understand your case.