Sometimes an accident occurs because of poorly maintained roads, or missing signs or other hazardous conditions. If you are planning to sue a town, county or the State based on these kind of conditions, there is a lot to consider. First, you cannot sue a governmental entity without first filing a notice of claim within […]
SUING FOR DANGEROUS ROAD CONDITIONS Read More »
As I have stated in prior blogs, the owner of a location where an accident occurs is not automatically liable for the accident just because that accident occurred at that location. Rather, the accident victim and counsel must show that the owner had a duty that the owner breached. One primary duty is to keep
3 Minutes Insufficient For Constructive Notice Read More »
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
Justice Has Been Served Read More »
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
No License, No Lawsuit Read More »
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
An Unjust Result For Accident Victims Read More »
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
Charitable Immunity Protects Arts Organization Read More »
In a recent unreported decision, the Appellate Division upheld the dismissal of a trip and fall complaint arising from an accident on a residential sidewalk. The plaintiff claimed that the homeowner had planted a tree on his property which caused the sidewalk to become raised and buckled, on which the plaintiff tripped and fell. The homeowner admitted
Trip and Fall Complaint Dismissed Read More »
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
Connecting The Dots Read More »
In a personal injury case, the plaintiff is obligated to prove at trial that her injuries are causally related to the accident. Typically this is accomplished through the use of a medical expert who evaluates the plaintiff, provides an expert report and testifies at trial. This may also involve the use of diagnostic testing to
What Is A Net Opinion? Read More »
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
No Equitable Tolling Of Statute of Limitations Read More »
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.
