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New Jersey Personal Injury Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for New Jersey on
Q: Can any civil attorney help me with a police misconduct case?

I am currently living in Jersey City, NJ. In Nov 2021, several NJ state police officers searched my home ("Unit #1") and arrested me for two possessing/distributing criminal charges. During the search and arrest, the police officers didn’t show me neither the search warrant nor the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 23, 2022

Yes a civil attorney can help you but unfortunately most will require you to pay a retainer and pay their hourly rate. A few that I know of will reduce the hourly rate if you give them a percentage of the case but they are few and far between.

1 Answer | Asked in Personal Injury and Landlord - Tenant for New Jersey on
Q: What can I do about my neighbors chain smoking? It is affecting my health.

I am posting this again because I cant find help anywhere and I am constantly dealing with ear infections.I live in an apartment. I have had an issue for a year now with my neighbors chain smoking.They recently did renovations on all of the apartments. It made it worse.They did not do a good job... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jul 19, 2022

Speak to an attorney about filing a complaint against the landlord based on a claim that the lease provision of quiet enjoyed is being breached. If you cannot afford an attorney, consider filing a pro se complaint. This means you are representing yourself. You can find the procedure for doing this... Read more »

2 Answers | Asked in Personal Injury for New Jersey on
Q: Advice, I reIcently started riding my bike w/helmet only crossing roadways in crosswalks in nj and most cars do not stop
Howard Lesnik
Howard Lesnik
answered on Jul 1, 2022

There is a law that motor vehicles must stop for pedestrians i crosswalks. Bicyclists are required to walk their bicycles across the street in crosswalks. If you are walking your bicycle and see a car that is not going to stop for you, try to take a picture with your cell phone if possible and... 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 »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 29, 2022

Whether you are entitled is only half of the battle. Your statute of limitations is running out quickly. Normally it is 2 years but becuase you were a minor, it was suspended. You need to contact counsel asap.

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1 Answer | Asked in Car Accidents, Employment Law and Personal Injury for New Jersey on
Q: A county roads employee being sued for injury damages from an MVA while at work. Is he entitled to indemnification?

The county (employer) disciplined the employee. It’s not his first accident. The county denied intent to legally represent and/or indemnify.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 14, 2022

I believe the employee, if accident occurred while in his employment, would be entitled to coverage from the county. I recommend filing a title 59 notice if you are the Plaintiff. The time for this to be done is short, so speak with counsel.

1 Answer | Asked in Personal Injury for New Jersey on
Q: Hi, can you sue a fast food restaurant for having unsanitary and/or wet floors? Even if I didn't fall or get sick.

Or maybe if I did fall but did not get hurt.

Tim Akpinar
Tim Akpinar
answered on Jun 10, 2022

What would you sue for? The standard is actual damages, not damages that could have been. There would need to be an actual fall and actual injuries. In the second part of your question, where you mention falling but not being hurt, that would suggest no damages. When people sue, they generally seek... Read more »

1 Answer | Asked in Personal Injury for New Jersey on
Q: My 3.5 old grandson has a speech delay and is autistic in 6 months he had 3 head injuries in school what can I do

My grandson had for the third time a lump on his forehead after school on Wednesday April 27th I did approach the teacher and ask her what happened her answer she is not aware of the head injury I'm not sure if he was left unattended or if he fell,hit or was pushed my grandson don't... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2022

I'm very sorry for your grandson's injuries. I hope he is okay. You could reach out to attorneys to try to arrange a consult. If this is something you wish to explore further, the faster you move, the better. If there is video evidence, some devices do not retain data very long. Further,... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault. Due to an car accident. I didn't intentionally hurt the person. I fell asleep.
James A. Abate
James A. Abate
answered on Mar 31, 2022

This is actually an interesting issue. What was the intentional act? Police can say you intended to operate the vehicle in a sleepy state, unless you are a narcoleptic. If the sleep suddenly and without warning came upon you (bit into a magic apple perhaps) then you may have an argument that you... Read more »

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
PREMIUM
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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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Jersey on
Q: I was charged with simple assault due to an car accident I didn't intentionally mean to hurt the person. I fell asleep.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 13, 2022

If you were asleep it could be a defense if you never woke up. But much more information would need to be known to determine if the defense could work for you. I suggest you set up a consultation with a good criminal lawyer.

1 Answer | Asked in Civil Litigation and Personal Injury for New Jersey on
Q: Can I filled a lawsuit if I found drugs in my hotel rooms coffee maker?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 1, 2022

You can always file a lawsuit, but the question by the judge would be what were you damages.

3 Answers | Asked in DUI / DWI and Personal Injury for New Jersey on
Q: If I were to get into an accident, god forbid, would the parent of my tutoree be able to sue me?

Hi. I am tutoring a 16 year old. His mother asked if I drop him home from the library. Can she sue me for life if I get into an accident, how can I avoid this situation? I'm worried. Can I have her sign a contract or is verbal/text consent okay? I am a 20+ adult.

James A. Abate
James A. Abate
answered on Feb 27, 2022

As a driver you are responsible of any injuries which result from your negligence. That includes passengers, other people be they drivers, passengers in other vehicles or pedestrians/ property. Anyone can sue you and possibly also look to your employer if it can be argued that operation of the... Read more »

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1 Answer | Asked in Personal Injury for New Jersey on
Q: In the case of a personal injury claim, would that be considered a civil matter, and could I still be subpoenaed?

My housemate’s lawyer, on the phone this past Monday, after I expressed my concerns regarding being involved with his claim and such and wanting to withdraw my documents, mocked me on the phone and was unnecessarily aggressive in our discussion. I came into respectfully to make my request, and I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 26, 2022

A personal injury case is a civil matter. Depending on the existing facts and the law, an experienced civil litigation attorney may be able to make a motion to quash the subpoena. If you are having problems, you should speak with an attorney, rather than post any more information online where... Read more »

1 Answer | Asked in Personal Injury for New Jersey on
Q: Can I recuse myself as a witness/liaison?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 23, 2022

Maybe but if you are subpoenaed to appear for a case you will have to file a motion to quash.

1 Answer | Asked in Personal Injury and Internet Law for New Jersey on
Q: got fraud cheque from someone and asked me to deposit and do wire transfer and my bank balance went minus

I got an email regarding the job offer, when I asked about details they didn't mention anything and sent the cheque directly through email. I declined the offer. I asked them to cancel the cheque. They mentioned once it is initiated they cant cancel and forced me to deposit and transfer their... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 20, 2022

You should never deposit a check like that unless you call the bank it is drawn on to verify the funds. Even as an attorney, I have gotten suspicious checks, and I always call. Report it to the NJ Dept of Banking and Insurance. You should not have a problem. Good luck.

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
PREMIUM
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 Personal Injury and Civil Litigation for New Jersey on
Q: Does Pennsylvania have a limit on the number of questions that can be asked in the interrogatory?

To include all the sub parts of the questions.

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 4, 2022

You need to repost your question in PA section.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for New Jersey on
Q: I want to file a civil complaint in the District court of NJ pro se and In forma Pauperus .

Where do I need to send the complaint to if it is: 1. local police department 2. county prosecutors office 3. County Correctional center 4. Apartment complex All include multiple defendants .

Do I send it to the District court with the complaint and copies and summons or what paperwork... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 3, 2021

You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... Read more »

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)

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 6, 2021

Yes the person can sue Walmart, one of the grounds could be for failing to provide adequate security, but a lawyer would need much more information to tell you if you had a "good suit" I suggest that you setup one of the free in office consultations that most of us lawyers offer for this... Read more »

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1 Answer | Asked in Personal Injury and Products Liability for New Jersey on
Q: My hair is falling out thanks to Johnson & Johnson shampoo & conditioner, Ogx ... what can I do ?

I used this product 2x my scalp is burning... everyday I lose more hair..

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2021

You could check to see if there are any ongoing actions involving the products you used. When law firms handle product liability-based cases, some firms specialize in certain areas or certain product lines. You could also search attorneys independently on your own, or use the Find-a-Lawyer tab... Read more »

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