What should I do immediately after a personal injury accident in Newark?
Call 911 if anyone needs medical attention, then document everything at the scene. Take photos of your injuries, vehicle damage, and the accident location while details are fresh in your memory.
Get contact information from all drivers, passengers, and witnesses. Request a police report number from responding officers. Seek medical attention even if you feel fine – some injuries don't show symptoms immediately.
Avoid these common mistakes:
- Don't admit fault or apologize at the scene
- Don't sign anything except police documents
- Don't give recorded statements to insurance companies without legal advice
- Don't post about the accident on social media
How long do I have to file a personal injury lawsuit in New Jersey?
New Jersey gives you two years from the accident date to file most personal injury lawsuits. This deadline is called the statute of limitations and is strictly enforced by courts.
Important exceptions exist:
- Medical malpractice: Two years from discovery of the injury
- Government claims: 90 days for notice, then two years to sue
- Minors: Clock starts when they turn 18
Missing this deadline typically means losing your right to compensation forever. Contact a lawyer immediately if you're approaching the two-year mark.
What types of compensation can I recover in a Newark personal injury case?
New Jersey allows you to recover both economic and non-economic damages. Economic damages include medical bills, lost wages, and property damage with specific dollar amounts.
Non-economic damages cover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Special circumstances may allow punitive damages when the defendant's conduct was particularly reckless or intentional. Your total compensation depends on injury severity, fault percentage, and available insurance coverage.
How do personal injury lawyers charge for their services?
Most personal injury attorneys in Newark work on a contingency fee basis. You pay nothing upfront – the lawyer only gets paid if you win your case.
Typical contingency rates:
- 33% if settled before trial
- 40% if the case goes to trial
- Additional costs for expert witnesses, court fees, and medical records
Always get fee agreements in writing and ask about costs you'll be responsible for, regardless of outcome. Some lawyers advance case expenses and only collect if you win.
What factors should I consider when choosing a personal injury lawyer in Newark?
Look for an attorney with specific experience handling cases similar to yours. A lawyer who handles car accidents may not be the best choice for medical malpractice claims.
Key evaluation criteria:
- Track record: Ask about recent settlements and verdicts
- Resources: Can they handle expensive expert witnesses and investigations?
- Communication: Do they respond promptly and explain things clearly?
- Trial experience: Many cases settle, but you want someone ready to go to court
Red flags to avoid:
- Guaranteeing specific outcomes
- Asking for money upfront
- Pressuring you to sign immediately
- No clear fee agreement
How long does a personal injury case typically take in Newark?
Simple cases with clear liability often settle within 3-6 months. Complex cases involving serious injuries or disputed fault can take 1-3 years or longer.
Factors affecting timeline:
- Severity of your injuries and recovery time
- Need for expert witnesses and accident reconstruction
- Insurance company cooperation
- Court scheduling if trial becomes necessary
Your attorney should provide realistic timeline expectations based on your specific circumstances. Don't rush the settlement just to close the case quickly – full recovery may take time to assess.
Should I accept the first settlement offer from the insurance company?
No. Insurance companies typically start with low offers, hoping you'll accept quickly. Their first offer rarely reflects the full value of your claim.
Before accepting any offer:
- Understand your total medical costs and future treatment needs
- Calculate lost wages and diminished earning capacity
- Consider pain and suffering damages
- Review the offer with an experienced attorney
An attorney can negotiate with insurers and ensure you receive fair compensation. Once you accept a settlement, you typically cannot seek additional money later.