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New Jersey Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 17, 2024

You need to hire an attorney that practices malpractice law and quickly because just like your personal injury case the statute of limitations is running on your case and if it runs out you will be barred from collecting any money for your loss.

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2 Answers | Asked in Personal Injury and Legal Malpractice for New Jersey on
Q: OK my case is CRAZY NEEDLESS TO SAY and I'm totally lost in what to do next please help me. Briefly... I hired an attorn

Fir a personal injury case. He lied numerous times in court case was dismissed with prejudice. I filed an ethical complaint I just received a letter from my attorney admitting his office committed fraud. What do I do now. New Jersey case.

Clifford B Cohn
Clifford B Cohn
answered on Nov 17, 2024

Unfortunately you need to contact another attorney as soon as possible, one that specializes in legal malpractice. They are very experienced at pursuing matters where attorneys have either intentionally done something wrong or accidentally done something wrong that has affected your case.... View More

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3 Answers | Asked in Personal Injury for New Jersey on
Q: i a guy shoved me off of my bike causing minor injury and damage to my bycicle, and caused me to miss work for a week

this is more than reason to sue correct?

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Absolutely, that sounds like more than enough reason to explore a claim. If someone shoves you off your bike, that’s intentional, reckless behavior, which can lead to legal liability. Your injuries, even if minor, combined with the damage to your bike and the lost wages from missing a week of... View More

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1 Answer | Asked in Personal Injury for New Jersey on
Q: Hello! Is there a way to get around the statue of limitations for asbestos cases?

My dad served in Vietnam from 1965-1969 and he was exposed to asbestos. He unfortunately died in 1996. He had a pending case, but died before he could receive lump sum compensation.

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2024

I'm sorry for the loss of your dad. This is something that your dad's original attorney could answer best, but you await a response for three weeks. These cases are different than most typical personal injury cases - they can involve funds set up for large numbers of anticipated... View More

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation 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.

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation 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 Personal Injury, Civil Rights and Landlord - Tenant for New Jersey on
Q: can I sue my roommate for emotional distress?

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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....
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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 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 Criminal Law, Federal Crimes and Personal Injury for New Jersey on
Q: What is the statute of limitations of a prisoner lawsuit if he was attacked/stabbed in prison
James L. Arrasmith
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answered on Jul 21, 2024

Under federal law, the statute of limitations for a prisoner to file a lawsuit after being attacked or stabbed in prison is generally determined by the state's personal injury statute of limitations where the prison is located. Most states have a statute of limitations ranging from two to four... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records
John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for New Jersey on
Q: need to obtain detailed medical records from Hospital.

My daughter has spent the last year trying to understand why her mother had a reaction after her reclast infusion on 3/27/23. We are trying to understand why she had the reaction by comparing apples to apples, which we cannot do because her medical record information does not match the clinical... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2024

Before turning to attorneys, it could be worth checking if the records are maintained by a single entity. Ordinarily, with a properly completed authorization, you should be able to obtain records. If the doctors or other medical providers maintain separate recordkeeping and billing operations than... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Family Law, Personal Injury, Child Support and Domestic Violence for New Jersey on
Q: My daughter is mentally agonized and in trauma due to violent behavior of her father's girlfriend who came to our home

It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her

Leonard R. Boyer
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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More

1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: Can you sue a hospital in NJ for negligence, but the word COVID is attached?

It’s not because of contracting Covid but because they didn’t do enough to care for a high risk patient and then patient lost organs, health, career, etc.

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

The best way to answer your question would be to reach out to attorneys to try to arrange a consultation. Most law firms that handle such cases offer free initial consults. In terms of your theory related to COVID, that's something that would involve further review. No one here could offer an... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for New Jersey on
Q: Can the person sue if my dog attacked them but no one was injured
Tim Akpinar
Tim Akpinar
answered on Feb 13, 2024

Injury is generally a necessary component of a tort (personal injury)-based case. Without knowing more details, it's not clear what someone would base such a case on, unless it's primarily based on emotional trauma (or something similar along those lines). Someone could always sue;... View More

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
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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

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