In New Jersey, accident victims have two years from the date of their accident to file a lawsuit, under the applicable statute of limitations. Any case filed after that deadline is subject to dismissal. The Appellate Division recently considered an appeal of the dismissal of such a case, involving an automobile accident. The victim’s attorney …
Employees have the ability to file a workers compensation claim against their employer for workplace injuries. However, accident lawyers will often investigate to see whether an additional claim can be asserted against some other party, in which substantially greater damages may be sought against a liability insurance policy. In a recent unreported Appellate Division decision, the court …
No Liability For Building Owner In Hand Crush Accident Read More »
The New Jersey Appellate Division recently reversed a trial court’s dismissal of a falldown case, raising some instructive points. The plaintiff had slipped and fallen on black ice near a metal drainage grate in her employer’s parking lot and sued the owner of the building and lot.The trial court judge found that prior complaints of …
In 2014, our truck driver client “Danny” was involved in a collision which caused personal injuries and collision damage to another driver and her vehicle. At that time, he reported the accident to the lessee company to which he had leased the vehicle for commercial hauling purposes. Unfortunately, without counsel, Danny was unable to confirm …
I am pleased to share our recent $400,000 settlement of a slip and fall accident case just prior to trial. My client had been walking to the train station when he fell on a commercial sidewalk covered with ice concealed by a new layer of snow. He had a significant leg fracture that required two …
$400,000 Settlement In Slip and Fall Accident Case Read More »
When a driver who lives outside of New Jersey happens to be operating her motor vehicle within the State of New Jersey and is involved in an accident, she will be subject to the “Deemer Statute”. That can be found at N.J.S.A. 17:28-1.4. One effect of this law is that any out of state car …
People of all ages today love to post on Facebook, Twitter and other social media. It is natural to want to share your daily happenings with your friends. However, if you have a pending accident case, you need to be cautious about what you post. Insurance companies are in the business of trying to minimize their …
In a recent New Jersey Federal court decision, the judge dismissed the claim of an auto accident plaintiff for punitive damages where he was seriously injured due to a vehicular collision. Punitive damages are meant to punish a civil wrongdoer and to deter similar conduct in the future. They are awarded in addition to compensatory …
These Winter Driving Tips From AAA May Save Your Life and Avoid An Accident. Severe weather can be both frightening and dangerous for automobile travel. Motorists should know the safety rules for dealing with winter road emergencies. Motorists need to be cautious while driving in adverse weather. The following winter driving tips are recommended: Avoid …
If you are injured in an automobile accident, you are likely to have car insurance to cover your medical expenses. For other types of accidents, your health insurance coverage may pay those bills, particularly if you are using in network providers. Some accident victims may be enrolled in Medicare which will be the primary source …
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.