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POLICY LIMITS RECOVERED IN AUTO CRASH

October 11, 2019
11 Oct 2019

Our client, a North Carolina resident, was driving on the New Jersey Turnpike in the early morning hours when she was rear-ended by an Alabama driver.  She was seriously injured,
and transported to an area hospital where she underwent surgery and received treatment for her injuries.  She contacted me from her hospital bed, and I immediately went to the hospital to meet her and to provide her with advice about her rights against the other driver.  She retained me to represent her on her personal injury claim.

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in Articles, Litigation, Personal Injury & Accident /by

JUSTICE HAS BEEN SERVED

October 11, 2019
11 Oct 2019

In a prior blog, we discussed a New Jersey Supreme Court decision barring accident victims from recovering their medical expenses from the negligent driver causing the injury. The plaintiff in that case had chosen a $15,000.00 personal injury protection (PIP) limit on his insurance, and the Court stated that therefore, he was limited to recovering a maximum of $15,000.00 for his medical expenses related to the accident from the other driver’s insurance company, where his expenses were far in excess of that limit and where the other driver was responsible for the accident.  We invited the Legislature to step up and right this wrong.

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in Articles, Personal Injury & Accident /by

COMPARATIVE NEGLIGENCE IN NEW JERSEY

July 24, 2019
24 Jul 2019

Just because you are injured in an accident does not mean that you will be compensated. Recovery can be complicated if you are claimed to be negligent in connection with the accident. Originally, states used the traditional rule of contributory negligence, which barred recovery if the plaintiff was at all negligent. However, in recent years,  many states have modified the rule of contributory negligence to allow recovery even if the plaintiff was negligent. This modern rule is called comparative negligence.

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in Articles, Personal Injury & Accident /by

NO LICENSE, NO LAWSUIT

July 24, 2019
24 Jul 2019

In a recent unreported decision, the New Jersey Appellate Division confirmed that an unlicensed, uninsured accident victim was barred for suing for his pain and suffering and medical expenses arising from his motor vehicle accident.  The plaintiff was operating an uninsured, unregistered vehicle owned by his ex-girlfriend who was incarcerated in Texas.  He had moved to New Jersey eight months before the accident.  He had no valid drivers license or medical insurance coverage.

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in Articles, Personal Injury & Accident /by

JOINT PROPERTY AND BANKRUPTCY

July 24, 2019
24 Jul 2019

When a bankruptcy client owns property with a spouse or other co-owner, of course there is a concern about how the co-owner’s interest is affected by the bankruptcy filing.

Although your assets will become property of the bankruptcy estate when you file for bankruptcy, the Chapter 7 trustee can only sell your nonexempt property to pay back your creditors if you have too much equity.

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in Articles, Bankruptcy /by

SHERIFFS SALE VACATED

July 22, 2019
22 Jul 2019

When a homeowner fails to make mortgage payments, the lender will typically file a foreclosure action. Ultimately the lender may obtain a final judgment of foreclosure and then schedule a sheriffs sale for the property. At the sheriffs sale, the highest bidder will obtain title to the property, by a deed from the sheriff to the bidder upon payment in full of the bid price. The bidder then records the sheriffs deed with the county clerk and is then considered to be the record owner of the property.

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REMOVAL TO FEDERAL COURT

July 22, 2019
22 Jul 2019

A State court litigant may have the option of removing his case to Federal court, if there is Federal jurisdiction over the case. There are two ways that the Federal courts may have jurisdiction. One is that the case involves a Federal question, such as violation of a constitutional right.

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DON’T HURT YOUR CREDIT SCORE

April 4, 2019
04 Apr 2019
These days, everyone seems to be preoccupied with their credit scores.  That can be a factor in having your rental application accepted, getting that new car loan, and generally affecting the cost of your borrowing money and paying back debt.
in Articles, Bankruptcy /by

UNDERGROUND STORAGE TANKS

April 4, 2019
04 Apr 2019

With the advent of oil replacing coal as the primary home heating fuel, someone had the questionable idea of creating underground storage tanks for the oil.  Ultimately metal tanks rust/rot out and develop holes, permitting the oil to get out and water to get in.  Not a good situation.

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in Articles, Real Estate /by

TORT CLAIMS ACT BARS INJURY SUIT BY BASEBALL FAN

April 2, 2019
02 Apr 2019

A mom went to the high school ball field to watch her son play baseball.  As she walked from the parking lot to the bleachers by the junior varsity field, she lost her balance and broke her ankle.  In a subsequent lawsuit against the school district to recover for her personal injury, the court held that the area where she fell was in an unimproved condition.

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in Personal Injury & Accident /by

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