People are hurt every day by the offensive conduct of others. The hurt is only the beginning of the suffering. After it comes the loss of work, because the pain keeps you from working. The bills arrive anyway. The insurance company knows this. They offer you a deal that sounds good when you are at your most vulnerable. You do not have to face them alone. We strive to right that injustice. We represent those afflicted by motor vehicle accidents, slips and falls, dog bites, wrongful death, and more.
Results come from work done early, and done by hand. In the first days of a case we send preservation demands so security video is not recorded over, photograph the scene before repairs, and obtain the police report, the 911 audio, and body-worn camera footage. We scour the area for witnesses while the event is still clear in their minds. We gather the medical records and the proof of lost wages. We achieve our results through persistence, passion, and perseverance.
Some examples include:
Motor vehicle accidents and the Verbal Threshold. Were you injured in a car, truck, or motorcycle accident? Motor vehicle law is nuanced and can be complicated. Past injuries or multiple vehicles add further complications. Most policies are sold with a “limitation on lawsuit” option. That requires a plaintiff to clear the Verbal Threshold by demonstrating a permanent injury before recovering for pain and suffering. N.J.S.A. 39:6A-8. This firm evaluates the threshold question at intake and pursues all available options, including the no-fault PIP claim that covers your medical bills, N.J.S.A. 39:6A-4, and uninsured and underinsured motorist claims when the other driver’s policy will not make you whole, N.J.S.A. 17:28-1.1. Call us. The deadline runs from the day of the accident, not from the day you finish treating. And if the other vehicle belonged to a public entity, such as a transit bus, a county truck, or a police car, the clock is ninety days to serve a notice of claim, not two years. N.J.S.A. 59:8-8.
Slip and fall and premises liability. Were you injured on someone else’s property? New Jersey premises liability requires an inquiry into who owned or controlled the property, what they knew about the hazard, and how long it was present. Commercial property owners owe a non-delegable duty of reasonable inspection and maintenance, including the abutting sidewalk. Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981). This firm investigates notice, both actual and constructive, and compiles the necessary evidence: witness statements, photographs, and surveillance video obtained before it is overwritten. Hold the property owner to the duty. Call us today.
Dog bites and animal attacks. Were you bitten by a dog? New Jersey imposes strict liability upon dog owners when their pets attack. N.J.S.A. 4:19-16. The defenses are narrow. Homeowner’s insurance is the usual recovery vehicle, and this firm coordinates with the carrier or pursues the homeowner directly when coverage has been denied. Call us.
Wrongful death and survival claims. Death is the ultimate consequence, and a death caused by the conduct of another is a tragedy. When a death is caused by a wrongful act, neglect, or default, the law allows the claim to be brought by the executor or administrator of the estate, for the benefit of the surviving family. N.J.S.A. 2A:31-1; N.J.S.A. 2A:31-2. New Jersey splits what most people think of as one case into two: the wrongful death action, which compensates the survivors for the financial loss of the person they lost, and the survival action, which belongs to the estate and covers what the decedent endured before death. N.J.S.A. 2A:15-3. We seek to vindicate the rights of those whose lives were ended prematurely by the wrongful acts of another.
Dram shop and negligent service of alcohol. Were you injured by a drunk driver who was served while visibly intoxicated, or by a minor who was served at all? A licensed server may be liable where the service was negligent, where the negligent service proximately caused the injury, and where the injury was a foreseeable consequence of it. N.J.S.A. 2A:22A-5. These claims frequently reach insurance that the drunk driver’s own policy cannot, which is often the difference between a judgment and a recovery.
Statute of limitations for personal injury N.J.S.A. 2A:14-2; wrongful death N.J.S.A. 2A:31-1 et seq. and the survival action N.J.S.A. 2A:15-3; comparative negligence N.J.S.A. 2A:15-5.1; Verbal Threshold N.J.S.A. 39:6A-8; PIP coverage N.J.S.A. 39:6A-4; mandatory uninsured and underinsured motorist coverage N.J.S.A. 17:28-1.1; dog bite strict liability N.J.S.A. 4:19-16; negligent service of alcohol N.J.S.A. 2A:22A-1 et seq. and 2A:22A-5; notice of claim against a public entity N.J.S.A. 59:8-8 and late notice N.J.S.A. 59:8-9; charitable immunity N.J.S.A. 2A:53A-7; and the workers compensation lien N.J.S.A. 34:15-40. This summary is for general information only and is not legal advice.