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Questions Answered by Gerald D. Siegel
1 Answer | Asked in Consumer Law and Personal Injury for New Jersey on
Q: We are a restaurant and one of a staff caused dropped hot oil on the customer's leg. He sent us a cost break down of how

much the bills came out to be. It includes medical bill, doctor bill, his whole outfit and lost wage for 1 day. But the question is that the most of the medical bill was paid off with customer's plan discount. Out of $2000, $1700 was plan discount, $300 was amount owed, and the copay was $100.... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Mar 11, 2023

There is no set rule for restaurants in the situation you describe. It sounds like you made a settlement with this customer in terms of a "plan discount". While it is honorable that you are taking care of the situation, there is nothing that you have described which gets you to a formal... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: Can i still be compensated in nj for the aggravation of my preexisting osteoarthiritis and diabetes from a car accident
Gerald D. Siegel
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Gerald D. Siegel
answered on Jul 7, 2022

The answer depends on a number of factors, some of which are:

What is your tort threshold on your auto policy, i.e. your right to sue for pain and suffering,

Have you had a MRI since this accident and any before the accident and what do they demonstrate,

What is the nature...
Read more »

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2 Answers | Asked in Wrongful Death for New Jersey on
Q: What is the tort form I need to fill out in wrongful death of spouse with in 90 days
Gerald D. Siegel
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Gerald D. Siegel
answered on Jul 3, 2022

Any potential claim against a governmental entity and/or its employees, such as a town, county, the state, a police department, a board of education and many others requires that a Notice of Claim be filed with the proper agent for the receipt of the said notice, within 90 days of the event.... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Am I entitled to any money for being hit by a drunk driver/watching my driver diein a car accident when I was 15 in 2019

In November 2019, I was 15 (I’m 18 now) and was behind the passengers side of a Lyft driver. Is was around 3am and we got hit by a drunk driver on the highway. I watched my Lyft driver die and that was the last thing I remember. I woke in the hospital with a scraped knee, a broken rib and a... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Jun 30, 2022

I'm sorry that you were involved in such a traumatic event.

You have until your 20th birthday to file a lawsuit against the responsible party, otherwise you will be permenantly barred from any potential recovery. With the time that has passed, you should not wait until the last minute....
Read more »

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Need Workmen Compensation Attorney for Morris County, NJ

I have an existing Workmen Compensation Claim.

During the process of the W.C. Claim, I found a Disability Attorney, and we had a simple exchange with him securing me full Disability on his initial submission.

Unfortunately, I had two very bad W.C. Attorneys (who were different... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on May 20, 2022

The WC judge was kind to clear the slate for you!!

You should select a new attorney based upon their experience and their reviews.

You can select an attorney from anywhere in the state as 99% of WC is done remotely now, except for trials.

Gerald Siegel

2 Answers | Asked in Car Accidents for New Jersey on
Q: My car was totalled, not due to my fault, it was 100% the other party but the value is 19k, his insurance only has 10k

I own a car rental company in NJ, One of my customers was hit and it was deemed the other drivers fault.

The insurance company is having me sign a waiver that I will not sue the driver after I get the 10k even though to make me whole, it would be the value of the vehicle 19k, tow and... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Aug 11, 2022

Do you have underinsured motorist property damage insurance on the vehicle involved in the accident?

Please advise.

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: Is a widowed sister-in-law legally entitled to money damages in wrongful death suit of spouse's mother?

I need to confirm if my sister-in-law is eligible to be a co-plaintiff in a wrongful death suit with me and my two siblings. Our mother tragically passed away in June 2020 after three weeks at a healthcare facility. Our mother had four children, but lost a son in 2018, so we are three remaining... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Apr 23, 2022

No.

2 Answers | Asked in Personal Injury, Car Accidents, Health Care Law and Medical Malpractice for New Jersey on
Q: Lawyer never filed suits and statute of limitations have expired and is offering $15,000 check seems hush money

My mom had a lawyer who was a friend of her friends, she hired him to file a few suits pertaining to personal injury and malpractice. He never filed the suits and now offered her a check for $15,000 along with a letter stating if she cashes the check it releases him from the fault of not processing... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Mar 20, 2022

#1, it is unethical for a lawyer who blows a statute to try to settle with you without you being informed of your right to counsel and you obtaining an attorney. I strongly urge you not to accept any offer and cash the attorney's check without speaking with a personal injury lawyer who is... Read more »

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2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for New Jersey on
Q: Is it wise to go back to physical therapy 2 years later for the same case and injury?

In 2020, my therapy was paused due to covid. However, I finished a month or two later. Also, I didn't have money to opt for surgery. Now 2 years later, a chiropractor I sending me back.

Gerald D. Siegel
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Gerald D. Siegel
answered on Feb 15, 2022

Many more facts would need to be known before advising you of a strategy. For example, what type of accident were you involved in, who was paying your bills up to the point of Covid. who are the parties, who recommended surgery and when, has a lawsuit been filed, etc.?

If you have any...
Read more »

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for New Jersey on
Q: I have a workers'comp case. I do not believe my lawyer has represented me adequately. There were plenty inconsistencies.

I have a workers'comp case. I do not believe my lawyer represented me adequately. There were plenty of inconsistencies that weren't addressed.

I was asked,by my lawyer,to settle my case even though my injuries weren't completely final.

The case has been ongoing since... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Jan 6, 2022

There is no right to a jury trial in workers compensation.

The same judge that would make a recommendation for a settlement is the same judge that would try your case and make a decision.

You are best off paying another WC attorney for a 2nd opinion.

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I want to fight a driving on a suspended infraction from 7 years ago. Will it be difficult considering the time passed?

I have a driving on a suspended from years ago that I never dealt with (I probably have a bail on this matter). I want to get it taken care of so that I can finally get my license restored, but I would like to fight the infraction if possible.

Gerald D. Siegel
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Gerald D. Siegel
answered on Dec 8, 2021

Good morning,

You have not provided enough information to determine if there is a defense.

You should not share it here due to confidentilaity issues.

You should call a alwyer and go over the case via phone or Zoom.

Most lawyers do not charge for this type of...
Read more »

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2 Answers | Asked in Personal Injury for New Jersey on
Q: Can a person who has been attacked on Walmart property sue walmart

Weapon involved (machete)

Gerald D. Siegel
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Gerald D. Siegel
answered on Oct 7, 2021

I know that this sounds very lawyerish, but it depends upon the facts. I suggest you speak with a civil trial lawyer certifed by the NJ Supreme Court. These consultations are always free of charge.

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4 Answers | Asked in Car Accidents for New Jersey on
Q: Was n a hit and run accident how long it takes to receive any status

I was hit by a Mack truck I was a backseat passenger in vehicle it was a hit and run if the driver has insurance. Who do i sue how long does the process take to get a lawsuit

Gerald D. Siegel
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Gerald D. Siegel
answered on Aug 13, 2021

Please provide some more information such as where the accident occured and what if any, injuries you suffered. Pleae consider calling a reputable personal injury firm where there is a Civil Trial Lawyer Certified by the New Jersey Supreme Court, who will review the necessary informatin and give... Read more »

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3 Answers | Asked in Personal Injury for New Jersey on
Q: i was injured bad in a slip and fall looking for pro bono injury i have serious injuries and no one to help

the police reports states the rotted plank caught my foot pulling me down onto a rusty nail that ripped through my hand down to wrist i have lost use of that hand due to median nerve injury but the issue is its my dominant hand also the slam ruptured my breast implant that is silicone gel I'm... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Apr 22, 2021

All personal injury attorneys offer free constructions.

You should contact one who is Certified by the NJ Supreme Court as a Civil Trial Lawyer.

They can tell you your rights and evaluate whether you have a case.

Gerald D Siegel

Plainsboro NJ

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3 Answers | Asked in Personal Injury for New Jersey on
Q: I just slip and fell from my apartment building entrance,IM in so much pain now I’m in emergency
Gerald D. Siegel
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Gerald D. Siegel
answered on Feb 19, 2021

You didn't reference the cause of the fall, but when you get out of the ER, have someone take pictures of the condition that casued you to fall. Then, report it to your property manager or landlord. Keep it simple when you report it. I would then suggest you contact a lawyer who is Certified... Read more »

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3 Answers | Asked in Personal Injury for New Jersey on
Q: My friend sustained 3rd degree burns from spilling Dunkin Donuts coffee in a vehicle. Does she have a case?

Her friend was driving and braked hard after a deer jumped in front of the vehicle. Can she sue Dunkin Donuts and receive a settlement? Does she have a case? She has medical records and pictures of her burns. This occurred in New Jersey

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Jan 7, 2021

She may have a case against her friend for traveling too fast for conditions or otherwise falling short in her observations for deer. Doubtful if there is a case against Dunkin Donuts. Your friend should speak with a New Jersey negligence lawyer who is Certified by the NJ Supreme Court as a Civil... Read more »

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1 Answer | Asked in Personal Injury for New Jersey on
Q: How can a lawyer who was relieved from the case put a lien on his ex client when A bill was never given For services

It's a personal injury case with a tractor trailer in Burlington County New Jersey

Gerald D. Siegel
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Gerald D. Siegel
answered on Dec 17, 2020

An attorney handling on personal injury case on a contingent fee basis, has a statutory lien for their services or possibly based upon the reasonable value of their services a/ka/a "quantum meruit". There is also case law that creates different classifications of prior attorney... Read more »

2 Answers | Asked in Car Accidents for New Jersey on
Q: I have a document from the court with my judgement. The lawyer that handled it said I now wait for payment from uninsure

Lawyer said I have to wait for uninsured motorist fund to cut me a check. Basically told me i was on a list and when my number comes my settlement comes.

The judge awarded me 27,000.

I have been waiting forever and I was hoping I could do one of those "it's my money and I need it now" places

Gerald D. Siegel
PREMIUM
Gerald D. Siegel
answered on Nov 16, 2020

I have never heard of such a thing that "your check will be cut when your number comes up."

In NJ, the practice is that the insurance company has to send the check within 30 days.

I think you should request an explanation in writing from your attorney as to what happenmded...
Read more »

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1 Answer | Asked in Car Accidents for New Jersey on
Q: I was awarded a settlement in an uninsured motorist case, how do I get my money? Are there places that buy the settlemet
Gerald D. Siegel
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Gerald D. Siegel
answered on Nov 16, 2020

Did you get your uninsured motorist settlement as a "structured settlement"?

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over for speeding as stated by the officer 19:9-1.2 .39 and also ticketed for 3 other offenses

I was pulled over for speeding in Jersey as stated by the officer 19:9-1.2 .39 but ticketed for 3 other offenses 39:4-96, 19:9-1.3c, 39:4-88A. Two are payable the other two I have to appear in court. What would you recommend I do? Pay the two or just wait until my court date to see what happen also... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on Nov 9, 2020

These are both NJ Turnpike violations and NJ Statutory violations.

39:4-96 is reckless driving- 5 points. 39:4-88b - 2 points. Don't know offhand about 19:9-1.2.39-sounds like speeding.

I strongly advise you to get a lawyer.

I wouldn't pay any of them now. Deal with all at once.

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