New Jersey Personal Injury Legal Questions

The homeowner, assuming the renters were paying rent to the homeowner, could be sued for the claim of negligence, provided he knew or should have known of the renter’s dogs propensity for violence, and failed to take steps to eliminate or abate the risk. These cases are fact specific so discuss case in private with counsel.... Read Answer

You don't indicate whether you were an invited guest on the property where youu fell since you say it was in the back side of a private house. That sounds like a private sidewalk not a public sidewalk. Whatever case you have, you have to file a suit before November 4, 2017, which is the two year statute of limitations. If your case is not filed (meaning stamped at the courthouse by Nov. 4th) you will be out of time to file a complaint.... Read Answer

You may have a claim for workers compensation and also a claim against the Yellow Cab, if you copied the license number or a police report was filed. However, if you sue the cab company that would be in NY if that was where the accident happened. Also you will have to deal with the insurance company representing most of the yellow cabs and they are very difficult to deal with. So if you work in NJ, you may have a workers comp case here, but the auto accident case would have to be filed in NY if that was where you had your accident.... Read Answer

If there was a flood from the HVAC was a result of the tenant not changing an air filter (I don't see the connection but I am not an HVAC expert) then you might have a claim against tenant. However, if there was a flood due to other causes then I think that liability may fall on you. You would definitely need to have the mold taken care of. While mold suits are difficult to prove (as far as damages, especially if you take care of the mold), that does not mean the tenant cannot sue. You didn't mention what he HVAC person thought was the cause of the problem. But, even if the HVAC related flooding was due to the tenant, you still would have a responsibility to have the mold problem remediated, but you may be able to charge the costs to the tenant if it was his fault.... Read Answer

Yes, as you can see there are such lawsuits being filed against various entertainers in the news like Usher. The main issue is whether the ex boyfriend knew he had herpies or not and whether he lied or failed to disclose to you that fact. If he did not know he had the STD when you were together, it might be more difficult to prove that he failed to inform you.... Read Answer

If you can directly prove the food poisoning came from Red Lobster, i.e. some particular type of food poisoning like salmonella or e. coli that likely came from a particular food or a particular restaurant, you may be able to get Red Lobster to pay. Sometimes the threat of a lawsuit from an attorney letter can cause the offending party to offer a reasonable settlement, not a gift card.... Read Answer

Not really a personal injury issue but a property damage claim. First question I would ask is whether you had insurance? Also how many notices did you send to the condo association? You have the right to sue, but everything is subject to proof both in terms of the cause of the damage to your property and the amount in terms of the current value of the items you claim were destroyed. If you like, you can call my office tomorrow. 973-246-9659  ... Read Answer

Depending upon when this occurred you would definitely have a case for a suit. As Ms. Anderson mentions, it is also a criminal matter and possible bank fraud, so you should notify the police and the bank as well. If you go to court and win, you would likely be entitled to damages in the amount of money you lost, plus attorney fees and court costs. Depending upon the facts, the bank may also be a target for the law suit if they had an obligation to confirm that the POA was legitimate.... Read Answer

Usually you might have to seek arbitration or discuss the denial of benefits with your insurance company, and if necessary contest them. You may have to go to court or seek arbitration. You may go to court to compel the insurer to pay but that depends upon the nature of your insurance coverage.... Read Answer

You always have the right to substitution of counsel. If you are saying that you signed forms to substitute counsel then let your new attorneys handle the prior agreement you may have had with your first attorney. I am not sure what you mean about "undoing the agreement". If you had a contingency agreement, then the new attorney will be entitled to whatever commission they and you have negotiated. The former attorney may have a lien on any settlement or judgment based upon 1) expenses they laid out, 2) settlements that they might have already negotiated. For instance say your first attorney had a settlement offer of $10K that you refused. Your new attorney gets a settlement of $50K. Your former attorney may be entitled to a fee based upon the first offer of $10,000 that that attorney's firm negotiated. Of course, if there were no offers, it would not matter.  Another possibility is that you have an agreement to pay the first attorney hourly fees. If there were still outstanding hourly fees owed to the first attorney, that might also be a lien against any settlement or judgment your new attorney may get on your behalf.... Read Answer

If the infomation was part of the legal case, then it is no longer private and becomes a public record.  If your medical records were submitted to the court as part of a complaint, or and affidavit, then those records are public.  Lawyers have various rules governing how they advertise.  A lawyer doesn't "specialize" in any field unless he or she is a Certified Civil Trial Attorney or Certified Criminal TRial Attorney or Certified Matrimonial Attorney.   A awyer may concentrate in an area or have experience in an area, but can practice any type of law. ... Read Answer

You may have some recourse but you need to do more research.  Keep looking at litigation involving this chemical and find out the attorneys that are handling it.  You need to speak with an expert in this type of chemical injury and it may be a lawfirm that is not in New Jersey.  Good luck.   ... Read Answer

you did not indicate whether this "hit" was the result of an altercation, or an accident.  Whether or not you file criminal charges is not really relevant as this would be a civil matter.  You should find out if the person who owns the home has homeowner's insurance, and if that insurance has a liability clause.  You can seek damages against the person that hit you and against the person whose home it occurred in.  ... Read Answer

There would have to be a reason to get an extension such as the ownership changed and you couldn't find the person, you did due diligence but couldn't get the person served witha complaint, etc.  If it is a municipal parking lot, then it is VERY difficult to tget the extension of the notice that you are required to serve on the town. ... Read Answer

You lawyer cannot force you to settle, however, the lawyer is probably suggesting settlement as more of a guarantee to get an award.  If you dont settle and you go to trial, there is always uncertainty.  The judge could rule in a way that you never expected, and you could get nothing.  With a settlement neither side is "happy" but its a way to avoid the risk of trial in which you could loose.  ... Read Answer

If the arbitration was not binding, then one or the other side can apply for a "trial de novo" or a new hearing.  Just because the arbitrator said a number doesn't mean its over.  The defendant must be contesting the number, and your attorney is trying to settle without having to go through the whole process.  ... Read Answer

As long as the car was insured, the insurance company will address all of this.  It is very common, and is nothing that you should be making your self sick over.  So the chance of you being able to successfully counter claim for anxiety is not a good one.  The spouse filing a claim is also very common, so beyond what you have put in this quesiton, there is nothing that should be causing the level of anxiety that you are suffering.  ... Read Answer