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
New Jersey Questions & Answers
2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2024

I'm very sorry for the loss of your father. Unfortunately, admissions and other activities involving hospitals during the height of the pandemic became unraveled in some ways. The standard applied would be whether there was a departure from an acceptable standard of medical care. Making that... View More

View More Answers

1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

2 Answers | Asked in Gaming and Internet Law for New Jersey on
Q: Can I gamble and play online poker(real money) in a public library on public internet in NJ, US?

I was considering playing online poker for real money, but I have a nosy family member that is spying on my internet connection at home. Can I play on my laptop at a local library and on their internet? I'm not sure if this is legal, since there could be minors in the public area and this is... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

Computers set up for the public, as in libraries or employment offices, generally have limitations on their uses. That could mean prohibiting their use for activities other than general and educational purposes. You would need to read the library's usage terms for more definitive guidance. Good luck

View More Answers

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Does a provision in a PSA requiring me to pay “permanent alimony” for the rest of my life invalidated by statute?

The statute, 2A:34-23b, enacted prior to the PSA replaced “permanent alimony” - the outmoded term used in the PSA - with “open durational alimony,” along with various equitable factors to be considered in determining alimony.

Richard Diamond
Richard Diamond
answered on Aug 30, 2024

In September of 2014, the alimony statute in NJ was changed to delete the word "permanent" and replace it with the words "open durational", so I start off with the presumption that the statute controls as to termination events as long as the language in your agreement does not... View More

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got pulled over and was told I had warrant out for an unpaid traffic ticket from 11 years ago how do I clear it up?
Toshinori Isoai
Toshinori Isoai
answered on Aug 30, 2024

Given that you were pulled over and informed of the outstanding warrant (by a cop), it's presumed that you were arrested and posted a bond when released. You will want to contact the local court (most likely a municipal court if NJ) for a new court date. You WILL need to take care of this... View More

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: I was charged with simple assault, is it better for the victim to be there to ask for the case to be dismissed?

I was charged with simple assault and today is the arraignment, the complaint was made by the state not the victim. The even issued a warrant out for my arrest and I was incarcerated because of this, I’ve talked to some lawyers and they told me to plead not guilty, but would it make a difference... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 28, 2024

The answer is it depends on the court, prosecutor and judge you are dealing with some, Don't care what the victim wants and just want to protect the victim from possible future problems. Otherwise especially in more of the city courts tend to be more liberal and will follow the victims... View More

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: After filing for divorce my spouse is countersuing for a home which has been gifted to me in another country

Also for funds we transfered in 2012 in a European bank account which the money has been spent by both parties

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

You need to have a consultation with an experienced matrimonial attorney to review the documents and situation in detail and let you know what your options are. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More

2 Answers | Asked in Personal Injury, Civil Rights and Landlord - Tenant for New Jersey on
Q: can I sue my roommate for emotional distress?

m

Robert D. Novicke
Robert D. Novicke
answered on Aug 23, 2024

An individual can file an emotional distress claim if they are able to show the elements of the claim. Namely:

1. First, the plaintiff must prove that the defendant acted intentionally or recklessly.

2. Second, the defendant’s conduct must be extreme and outrageous.

3....
View More

View More Answers

2 Answers | Asked in Civil Litigation for New Jersey on
Q: Whats the chance a judge accepts a adjournment after an 11 month case i was self representing and now obtained a lawyer
Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

In New Jersey, whether a judge grants an adjournment depends on several factors, including the stage of the case, the reasons for the adjournment, and the potential impact on both parties. Under New Jersey Court Rule 4:36-3(b), requests for adjournments should be made as soon as the need arises and... View More

View More Answers

1 Answer | Asked in Business Formation for New Jersey on
Q: If I want to make a non-profit, and I am not recieving funds, do I have to register my intitiave anywhere?

We will be providing free CPR classes taught by a certified instructor, we will not give out CPR certifications.

Daniel  Bitonti
PREMIUM
Daniel Bitonti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024

If you're planning to start a nonprofit providing free CPR classes without issuing certifications, it's generally advisable to register your initiative. Here's why:

1. State Incorporation: Incorporating as a nonprofit in New Jersey provides legal recognition and liability...
View More

2 Answers | Asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey on
Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More

View More Answers

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

2 Answers | Asked in Intellectual Property for New Jersey on
Q: Can i sell replica clothing without selling them as authentic?

For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More

View More Answers

1 Answer | Asked in Domestic Violence for New Jersey on
Q: What can I do if someone files a false restraining order against me in NJ being not a resident but employed?

My ex filed a false restraining order against me for harassment on 7/27/24 even while being in a relationship that we both agreed upon. (Rahsaan is on parole for the murder of his 4month old son) I said I’d get a restraining order against him but he beat me to it and committed Perjury. During... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2024

To provide a meaningful response, more factual information will be required. You need to retain an experienced matrimonial attorney with extensive domestic violence experience. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney... View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: How long should an attorney give me to change my mind about a retainer agreement? I was on medication.

I felt pressured into signing an agreement after being told it was necessary to file a lawsuit immediately due to the statute of limitations. The case was filed electronically less than 24 hours of my electronic signature. Weeks later, I found out there were still three months to file. I also found... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

An attorney could offer more definitive guidance after seeing complete file details, but the short answer is that clients are free to terminate their attorney working relationships, and vice-versa, attorneys being free to do the same (in most settings). However, depending on how much work an... View More

1 Answer | Asked in Personal Injury and Wrongful Death for New Jersey on
Q: my wife conracrted lung and bone cnacer after living near a chemical plant and toxic landfill

Reich farm and Ciba Geigy 1982-1990

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

I'm very sorry for your wife's illness. A starting point here could be to reach out to law firms that handle toxic tort (exposure to harmful substances) cases or environmental cases. Try to arrange a free initial consult, which is usually a courtesy in injury/illness cases. Firms that... View More

1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Where I can obtain power of attorney
Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

As a general matter, if you want to do it "on the cheap" at minimum cost, you could visit a stationary store near a courthouse that sells standard legal forms, you could find legal forms online, or you could use one of the do-it-yourself services.

Most law firms are equipped to...
View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: What is considered double dipping? My attorney is charging 45% of the recovery PLUS 45% of awarded attorney fees.

I felt like 45 was too high but I was under EXTREME DURESS and he has already settled five lawsuits with the same entity.

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2024

Someone would need to look at the retainer - whether it involves an error, impermissible practices, or multi actions (law firm handling representation on more than one type of claim on the same matter - a disability claim plus a third-party injury claim, as an example). These are only general... View More

1 Answer | Asked in Contracts for New Jersey on
Q: Is a Lock Cut Release Form a legal document?
Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

It could depend on the way it is drafted. But in general, yes. It confirms in writing that the owner of the belongings authorizes the facility to cut a lock, and could additionally release the facility from liability for damages stemming from cutting the lock (such as the owner not replacing the... View More

1 Answer | Asked in Appeals / Appellate Law and Contracts for New Jersey on
Q: I have been awarded a default judgement in Special Civil Part in Monmouth County NJ. The defendant retained an attorney.

I worked a 1099 contractor role in 2023 with a CPA. I got the role through a finance & accounting recruiting agency. The contract was written up by the recruiting agency & was between myself and the CPA firm.

The contract was for hourly pay for a minimum of 300 hours. The CPA firm... View More

Daniel  Bitonti
PREMIUM
Daniel Bitonti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

It's crucial to consult with an attorney who can provide tailored advice based on your specific situation.

You have a strong position with a default judgment, but the defendant can file a motion to vacate the default judgment, potentially leading to further legal proceedings. Accepting...
View More

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.