New Jersey Personal Injury Legal Questions

The liability for dog bite is homeowner's responsibility.  If you have homeowner's insurance, check the liability provisions to see if liability for things that occur on the property are covered.  If the aide does accept any payment for her injuries, make sure that you get her to sign a release that will prevent her from suing anytime in the future.  ... Read More

You should probably speak to a lawyer now - and be given instruction on the Statute of Limitations issue (meaning the tming when you have to bring your claim).  This is critical in being able to bring a lawsuit, and much different when dealing with injuries sustained by children. ... Read More

Probably not worth a lawsuit.  That plastic device does sound dangerous and Wawa may have been negligent if their employee put it in the bag, but your nieces injury is likely too minor to warrant a claim.  Try contacting the Manager of the store and explaining what happen, there may be some form of minimal compensation they may offer.... Read More

In order to maintain a case against the theater you will have to show that the theater either created, or allowed to exist, a condition that caused your fall.  Trip and Fall cases are very fact specific, usually requiring a picture of the scene for an attorney to properly evaluate.  If the conditions where dangerous than the theater may be held liable.  As far as what to expect, compensation for pain and suffering will depend on many factors including length of treatment, final diagnosis of premanency etc.  Probably best to consult an attorney in your area.... Read More

In order to maintain a case against the theater you will have to show that the theater either created, or allowed to exist, a condition that caused your fall.  Trip and Fall cases are very fact specific, usually requiring a picture of the scene for an attorney to properly evaluate.  If the conditions where dangerous than the theater may be held liable.  As far as what to expect, compensation for pain and suffering will depend on many factors including length of treatment, final diagnosis of premanency etc.  Probably best to consult an attorney in your area.... Read More

I am not licensed in New York, but in New Jersey if a worker is injured in the course of his employment then he or she is entitled to workers compensation.  This is true even if the worker tripped over his or her own shoelace.  In other words in a workers compensation case Petitioner's attorney does not have to prove that the employer did something to cause the worker's injury. However, to pursue a case against a third party...say the owner of the property where the puddle existed, Plaintiff (the injured party) would have to prove that the owner was negligent in that said owner negligently created or failed to address a dangerous condition which the owner knew about or should have learned about by reasonable inspection.  A pre-requisite to recovery against a third party in NJ requires proof that the third party was at least 50% negligent.  These cases are very fact sensitivw.  From your description of the incident I suspect that counsel did not believe the case would present well from a liability standpoint, becuase your shoulder surgery, if liabilty against the could be established, would certainly produce a worthwhile financial outcome. I would suggest that you seek another opinion of your third party case from other counsel who may view the case more favorably than the attorney you initially consulted.  Best of luck to you. Ed Shamy  732-821-0400  ... Read More

The law doesn't necessarily protect the company.  I'm not sure from the information you provided what you are asking.  If the amount the insurance company is asking about is medical bills, then give them the medical bills.  If they are asking about a settlement amount, then you should probably consult a lawyer to make sure you are asking for the right amount to include pain and suffering, possible loss of employment or ability to work, future earnings, etc.  If you were staying in a hotel, and the hotel is a national chain that has hotels located in New Jersey, you can bring an action in New Jersey.  Good luck.  ... Read More

she may be entitled to compensation, but if she is homeless and does not have health insurance, all of the compensation she might receive would go to pay those meidcal bills, or to reimburse the care provider (if she has Medicaid or some other benefit).  Before getting involved you should determine what benefits (if any) she receives and what potential liens could be placed on any monies she receives.... Read More

Just because the parties settle, doesn't mean the insurance company is ready to pay, that all of the doctors have been paid, liens cleared, etc.  sometimes it take a longer period of time after the case is marked "settled" than you would think it should take for you to get the money.  Stay in touch with the personal injury lawyer.  Put it is writing that he or she has to pay off the child support before the payment is made.... Read More

You may have a products liability claim against the manufacturer of the pressure cooker if you were using the device the correct way and it malfunctioned.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

You should make a claim against the owner of the apartment complex. When you do, they will advise you whether they contract out ice and snow removal, and then you may make a claim against the contractor as well. You should hire a personal injury attorney to do this.  The medical bills should be submitted to your health insurance company. If you do not have health insurance, the medical bills should be part of the demand that your attorney makes when they attempt to settle or litigate your claim.  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.   Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More

The claim will most likely be brought in New York unless you were injured on a property that is owned and operated by a multi-state company that owns property in New Jersey.  For example, if you were injured in a Hyatt Hotel in New York, you could actually bring the litigation in New Jersey because there are Hyatt hotels in New Jersey.  If you were injured in a motor vehicle accident on a New York road, by a New york driver, then you will bring the matter in the New York Courts.  ... Read More

It is hard to answer your question without knowing more details. Generally speaking, when you join a gym you sign a waiver that can impact your ability to sue if you were injured while engaging in activities that you joined the gym to engage in. Nevertheless, it sounds like you were injured for reasons that had nothing to do with what was going on in the class. Why did you trip over the exercise bike? Was it in a place that you did not expect to run into it? Was the room poorly lit? Were you exercising close to where the bike was?  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com. ... Read More

if you slippped and fell and sustained an injuries that kept you out of work for seven months, then you should consult with a personal injury attorney. If the hospital was a public entity, you may have a problem because you have an obligation to file a notice of claim against a public entity within 90 days of when the claim accrued.  PI attorneys take cases on a contingency basis, which means that you only have to pay them if they are successful and recover money on your behalf.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read More