Personal Injury Posts

No one ever expects to be in an accident, but the fact is thousands of people are injured in an accident every day. Whether it is a car or pedestrian accident in Mercer County, or a slip and fall in Princeton, NJ, you may be wondering whether it is worth it to hire an attorney and just how much a New Jersey accident lawyer costs.

No Upfront Fees—Understanding Contingency Fees

The good news is that there is little to no risk in contacting a New Jersey injury lawyer, as most personal injury attorneys...

On June 14, 2022, the Appellate Division reversed a trial judge’s dismissal of a case involving a woman who brought an action for injuries from two separate car accidents. Blocker v. Deloatch (A-1422-20). In the unpublished opinion, the court held that the burden is on the defense to demonstrate that the injuries alleged by the plaintiff had multiple causes...

On July 14, 2022, the Appellate Division issued an opinion in the matter of Monk v. Kennedy University Hospital, Inc. (A-3361-20). The opinion, which was approved for publication, considered whether the Legislature intended to apply the minority tolling provision to the Wrongful Death Act. The court ultimately determined...

May a plaintiff be accompanied by a third party at a defense medical exam or require that the examination be recorded? “It depends.”–Every lawyer ever.

On May 3, 2022, the Appellate Division, in the published decision of Difiore v. Pezec, was tasked with resolving “when, if ever, a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers can be accompanied by a third party to a defense medical examination (“DME”), or require that the examination be video or audio recorded...

On June 13, 2022, the New Jersey Supreme Court issued an opinion in the matter of Ann Samolyk v. Dorothy Berthe, III (A-16-21) (085946), where the Court declined to extend the state’s so-called rescue doctrine beyond situations involving the rescue of humans. The Court held...

Under New Jersey law, "[e]very citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy [accident reports] and shall also have the right in person to purchase copies of the reports..." N.J.S.A. 39:4-131.

To obtain a copy of your report...

As the names suggest, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is the portion of an insured’s own policy of insurance under which he may be compensated for injuries and losses he suffers at the hands of uninsured/underinsured drivers. Uninsured Motorist coverage is applicable in accidents involving hit-and-run (or phantom vehicle) accidents or accidents where the other driver’s insurance has lapsed or is non-existent. On the other hand...

Common Law: Three Types of Visitors

Traditionally at common law, there are three categories of relationships between a landowner and a visitor. Each one requires something different from the landowner. Whether a fall occurred within a store, on the grounds of a business, or at a friend or acquaintance’s home, the first step will be to determine whether the premises owner owed the injured individual a duty of care...

New Jersey law contains an extensive body of cases concerning who the responsible entity is when an injury occurs on a public sidewalk. Whether the fall occurred due to a negligently maintained sidewalk containing dangerous defects or the presence of snow/ice or other slippery substances, the analysis is essentially the same...

The New Jersey Supreme Court ruled in a 4-2 decision that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.” Jeter v. Sam’s Club (A-2-21) (085880). The decision limits liability for injuries suffered due to a fall from a product spilled or dropped from self-service containers.

In the decision, the Court first defined the mode of operation rule as...