Personal Injury Attorney in Essex County, NJ

Personal Injury in Essex County: A Local Perspective

Essex County’s 126 square miles encompass everything from New Jersey’s largest city to affluent suburbs. This diversity means personal injuries occur in a wide variety of settings:

Retail and Commercial Properties

Essex County is home to major shopping destinations where slip-and-fall and premises liability injuries are common:

Downtown Newark – Newark’s commercial core includes office towers, retail stores, restaurants, and entertainment venues. Hazards include:

• Wet floors in stores and office lobbies
• Uneven sidewalks and pavement
• Parking garage hazards
• Escalator and elevator malfunctions

Newark Penn Station – One of the busiest transit hubs in the nation with constant foot traffic

• Slip-and-falls on platforms and concourses
• Escalator accidents
• Crowd-related injuries

The Shops at Livingston Mall – Major suburban shopping destination South Orange Village Downtown – Charming shopping district with older infrastructure Montclair’s Bloomfield Avenue – Popular retail and dining corridor

Property owners throughout Essex County owe visitors a duty of care to maintain safe premises.

Residential Properties

Essex County’s housing stock ranges from historic apartment buildings to modern developments. Property owners and landlords must maintain safe premises:

Large Apartment Complexes:

• Newark, East Orange, and Irvington have high-density apartment buildings where hazards include broken stairs, poor lighting, elevator malfunctions, and security failures

Older Housing Stock:

• Many Essex County communities have aging housing with deferred maintenance issues, code violations, and lead paint hazards

Condominium and Townhouse Communities:

• Common area hazards, pool accidents, and parking lot incidents

Newark Liberty International Airport

Millions of travelers pass through Newark Airport annually, facing hazards including:

• Slip-and-falls in terminals and parking garages
• Moving walkway and escalator accidents
• Shuttle bus and transportation injuries
• Security screening injuries

Public Spaces and Municipalities

Essex County’s 22 municipalities are responsible for maintaining:

• Sidewalks, roads, and public rights-of-way
• Parks including Branch Brook Park (famous for cherry blossoms), Weequahic Park, and Eagle Rock Reservation
• Public buildings, libraries, and community centers
• Newark Penn Station (in conjunction with NJ Transit)
• Municipal events and programs

Important: Claims against municipalities have special notice requirements—you must file a tort claim notice within 90 days of your injury.

Common Personal Injury Cases We Handle

Slip-and-Fall Accidents

Slip-and-fall accidents are among the most common personal injury claims in Essex County. We’ve successfully handled cases involving:

• Wet floors in supermarkets, stores, and restaurants without proper warning signs
• Ice and snow on untreated sidewalks and parking lots (Newark winters are harsh)
• Uneven surfaces including broken pavement, raised concrete, and cracked flooring
• Poor lighting in stairwells, parking garages, and outdoor areas
• Cluttered walkways with merchandise, equipment, or debris
• Elevator and escalator defects at transit stations and commercial buildings

Under New Jersey law, property owners must inspect their premises, correct known hazards, and warn of dangers they know or should know about.

Premises Liability

Beyond slip-and-falls, property owners can be liable for:

• Inadequate security leading to assaults, robberies, or attacks—a significant concern in urban areas
• Elevator and escalator accidents
• Swimming pool injuries at apartments, hotels, and private residences
• Dog bites and animal attacks (New Jersey has strict liability for dog bites)
• Fire injuries caused by code violations or negligent maintenance
• Falling objects from shelves, displays, or construction sites
• Lead paint and toxic exposure in older housing

Product Liability

When defective products cause injury, manufacturers, distributors, and retailers can be held liable. We handle cases involving:

• Defective consumer products
• Dangerous pharmaceuticals and medical devices
• Faulty automotive parts
• Defective tools and equipment
• Recalled products that caused harm

Nursing Home Abuse and Neglect

Essex County has numerous nursing homes and assisted living facilities. We represent families when:

• Residents suffer from neglect or abuse
• Bedsores, malnutrition, or dehydration develop
• Fall prevention protocols fail
• Medication errors occur
• Understaffing leads to inadequate care

Understanding New Jersey Personal Injury Law

Proving Negligence

To recover compensation in a personal injury case, we must prove:

1. Duty of care – The defendant owed you a duty to act reasonably
2. Breach of duty – They failed to meet that standard
3. Causation – Their breach caused your injuries
4. Damages – You suffered actual harm (medical bills, lost wages, pain and suffering)

Comparative Negligence

New Jersey follows a modified comparative negligence rule. If you’re partially at fault for your injury, your compensation is reduced by your percentage of fault. However, if you’re more than 50% at fault, you cannot recover anything.

Statute of Limitations

You generally have two years from the date of injury to file a personal injury lawsuit in New Jersey. For claims against municipalities (including Newark, East Orange, or Essex County), you must file a tort claim notice within 90 days.

What You Can Recover in a Personal Injury Case

Economic Damages

• Medical expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Out-of-pocket expenses
• Cost of ongoing care or assistance

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement
• Loss of consortium (for family members)

Punitive Damages

In cases involving particularly reckless or malicious conduct, courts may award punitive damages to punish the wrongdoer and deter similar behavior.

Why Essex County Residents Choose Our Firm

Local Knowledge

We know Essex County intimately—from the transit hubs where slip-and-falls occur to the apartment complexes with recurring maintenance issues. We know which property owners have histories of negligence and which insurance adjusters try to lowball claims.

Courtroom Experience

Personal injury cases in Essex County are filed in the Essex County Superior Court at the Veterans Courthouse in Newark (50 West Market Street). We regularly appear there and have established reputations with local judges and opposing counsel.

Investigative Resources

We quickly investigate accident scenes, secure surveillance footage before it’s deleted, interview witnesses, and bring in experts when needed. Time is critical in personal injury cases—evidence disappears and memories fade.

Aggressive Negotiation

Most personal injury cases settle before trial, but insurance companies only offer fair settlements when they know you have an attorney willing to go to court. We prepare every case for trial, which gets results at the negotiating table.

Major Essex County Hospitals for Injury Treatment

If you’ve been injured in Essex County, you may receive treatment at:

• University Hospital – Newark’s Level I Trauma Center
• Newark Beth Israel Medical Center – Comprehensive care
• Saint Michael’s Medical Center – Downtown Newark
• Clara Maass Medical Center – Belleville
• Mountainside Medical Center – Montclair
• East Orange General Hospital – Now CareWell Health

Document all treatment and save all medical records for your claim.

What To Do After an Injury in Essex County

1. Seek medical attention – Get treated and create a medical record
2. Report the incident – File a report with the property owner or manager
3. Document everything – Take photos, get witness names, save all receipts
4. Don’t give recorded statements to insurance adjusters without consulting an attorney
5. Contact us promptly – Evidence can disappear quickly

Frequently Asked Questions

How much is my personal injury case worth?

Every case is different. The value depends on your medical expenses, lost wages, pain and suffering, and the severity of your injuries. We evaluate your case thoroughly and fight for maximum compensation.

Do I have to go to court?

Most personal injury cases settle before trial. However, if the insurance company won’t offer fair compensation, we’re fully prepared to take your case to trial at the Essex County Superior Court.

How long will my case take?

Simple cases may resolve in a few months. Complex cases with severe injuries may take longer, especially if litigation is required. We keep you informed throughout the process.

What if I can’t afford a lawyer?

We work on contingency, meaning you pay nothing upfront. Our fee is a percentage of what we recover for you. If we don’t win, you don’t pay.

Can I still recover if I was partially at fault?

Yes, as long as you were less than 50% responsible for the accident. Your recovery will be reduced by your percentage of fault.

What if I was injured on city property?

Claims against municipalities like Newark, East Orange, or Montclair require filing a tort claim notice within 90 days. Contact us immediately if you were injured on public property.

Contact Our Essex County Personal Injury Lawyers

If you’ve been injured anywhere in Essex County—from Newark to Montclair, from East Orange to Livingston—we’re here to help. Contact us today for a free, no-obligation consultation.

Kessler, DiGiovanni & Jesuele, LLC
1150 Raritan Rd, Suite 100, Cranford, NJ 07016
Phone: (908) 232-2040

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Proudly serving injury victims throughout all 22 Essex County municipalities. Your advocates in the fight for justice.