Personal Injury & Accident

Settling With An Incapacitated Plaintiff

In a recent reported decision, the New Jersey Supreme Court reversed the trial court approval of a settlement involving an accident victim who had a diminished mental capacity. It also reversed the Appellate Division‘s affirmance of that trial court decision.  The plaintiff was working at the defendant‘s property when she was struck in the head …

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An Unjust Result For Accident Victims

In a 3-2 decision, the New Jersey Supreme Court recently barred accident victims from recovering their medical expenses from the negligent driver causing the injury.  In this case, the victim had chosen a reduced personal injury protection (PIP) coverage of $15,000 but his medical expenses far exceeded that coverage.  He therefore filed suit against the …

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Charitable Immunity Protects Arts Organization

In a recent Appellate Division decision, the court considered the claim of an auto accident victim who had caught a ride with a fellow member of a non-profit charitable arts organization. The organization arranged for percussion instrument performances and competitions for its members.  It would inform the members of the time, date and location of …

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Connecting The Dots

Attorneys will sometimes file accident lawsuits with a questionable basis, which often comes back to haunt them. A recent unreported Appellate Division decision is instructive. A woman involved in an automobile collision had the lawsuit threshold (see https://www.middlesexcountyaccidentlawyer.com/what-is-the-lawsuit-threshold/). She admitted that no part of her body struck the inside of the vehicle, that her parked vehicle …

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