Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Gerald D. Siegel
2 Answers | Asked in Personal Injury for New Jersey on
Q: My lawyer has held my settlement for 7 weeks. He didn’t contact any medical providers to pay them. Should I report him

I just starting questioning my attorney on why it’s taking so long to receive my settlement money. We settled 7 wks ago. He claimed he was paying medial liens. I called them and they all said no one ever called them. Then he said he needs to deposit the check in the trustee Acct. It’s been... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

This is a tough one, since I don't know who your lawyer is and if he/she is honorable. That being said, if you were on Medicare or Medicaid, especially Medicaid, it can take up to several months to determine the Medicaid lien. If the delay is about unpaid medical bills then 7 weeks is too long... View More

View More Answers

1 Answer | Asked in Personal Injury for New Jersey on
Q: I was assaulted in my college dorm after warning my CA that the environment was becoming violent. Is this negligence?

I have video proof of name calling from my floor mate. I have been called “f*ggot”, “girlie blonde hair”, etc. for weeks now. I tried to warn my CA about this but I was continuously ignored. Eventually, a fight broke out and I was injured due to the CA’s negligence. I have some of these... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

This sounds like a horrible trauma!!!

This could be a case but more information is needed.

You should definitely speak with an attorney who is Certified as a Civil Trial Lawyer by the NJ Supreme Court, many of whom answer questions like yours on this website.

Gerald D....
View More

1 Answer | Asked in Personal Injury and Products Liability for New Jersey on
Q: How do I request to file a late tort claim?

I was waiting for information from my town before I filed a claim. The town said I filed too late. How can I request approval for late filing?

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

If you haven't filed the Tort Claims Notice within 90 days, your only choice is to file a Motion for Leave to file a Late Tort Claims Notice in the Superior Court. These are only granted by the Court sparingly for exceptional circumstances. I suggest that you speak with an attorney about this.

2 Answers | Asked in Personal Injury for New Jersey on
Q: What statue is correct to file when a client at work bites you?

I work with special needs and a client who is on the spectrum but high function became extremely upset because he couldn't do a certain thing and attack me and bit me to the point I had to get a tetanus shot and antibiotics. I would like to press charges but I'm not sure what 2c charge... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2023

You probably have a workers comp claim. You are entitled to certain benefits. Speak with a WC attorney.

I'm not sure a prosecutor would be interested pursuing a criminal case, and with a special needs individual, you're not going to get a lot of sympathy going after them on your...
View More

View More Answers

2 Answers | Asked in Personal Injury for New Jersey on
Q: I broke my hand at a daycare 2 years ago it is not functioning well since can I still sew the daycare
Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2023

The urgent issue is whether the time to file a lawsuit has expired. You don't state the exact date of your accident. I would run, not walk to a personal injury or workers comp layer today.

View More Answers

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.... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2022

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

Please advise.

View More Answers

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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View More

View More Answers

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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
View More

View More Answers

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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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... View More

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.