What kind of cases does your office handle?

We handle only personal injury cases. For more information on the specific types of personal injury cases that we handle, please visit our Areas of Practice page.

How much do I have to pay for your services?

You do not have to pay us a fee at all unless we recover money for you. We operate on a contingent fee basis, meaning that we are paid a fee of 1/3 of the net recovery that we obtain for you after deductions for necessary litigation expenses.

Do I have to pay a fee if I just want to talk to an attorney to see if I have a case?

No. All initial consultations are free. Call us at 973-898-1000 to set up an appointment to speak with one of our attorneys, or use our convenient form to submit your question(s) via e-mail.

What if I can’t get to your office for a free consultation?

If you are unable to get to our office for a free consultation, we will be happy to come to your home or to the hospital to meet with you.

How long will my case take?

Since each case is different, it is oftentimes difficult to predict how long it will take for your particular case to be resolved. Generally speaking, you can expect a Superior Court lawsuit to take 2–4 years and a workers compensation case to take 1–2 years. The length of time that it takes to conclude a case depends on many factors, including: the case backlog of the court; the number of defendants in your case; the cooperation of your doctor(s) in providing records and narrative medical reports; your cooperation with our office; the willingness of the other parties to provide necessary information voluntarily, without the necessity of court orders; and the complexity of the case.

What is my case worth?

It is impossible to predict exactly how a jury will decide any particular case - 10 different juries hearing the same case could reach 10 different decisions. However, we are still able to come up with settlement values for each case, based upon our extensive experience with prior similar cases involving clients with similar injuries. Once we have obtained all of your medical records (including a prognosis for the future from your doctor), and have received all of the information that we need from the defendants, we will be in a position to discuss the settlement value of your case with you. We will make recommendations as to whether we think that you should accept or reject a particular settlement offer, but it is ultimately up to you to decide whether or not you should accept a settlement offer.

I am not happy with my current personal injury lawyer and want to change lawyers. Can I do that? How much extra will I have to pay in fees?

You as the client absolutely have the right to switch lawyers if you are dissatisfied with how your case is being handled. If you decide to change lawyers your legal fees will not increase - you will still only pay a legal fee of 1/3 of your net recovery. It will be up to your old lawyer and your new lawyer to decide how to split the fee between them. If you would like our firm to take over your case, please call us at 973-898-1000 or e-mail us so that we can set up an appointment with you.

I would like to hire your firm - what is the next step?

Call us at 973-898-1000 or visit our Contact Us page so that we can set up an appointment for you to meet with one of our attorneys.

Automobile Accidents

What do the terms “tort threshold” and “verbal threshold” mean?

The term “tort threshold” (sometimes called “verbal threshold”) refers to a coverage election that you make on your own automobile insurance policy which limits your right to bring a personal injury claim against another driver who has injured you in an automobile accident. If you select the “tort threshold” on your own automobile insurance policy, you will pay a lower premium but you will not be permitted to bring a claim against another driver unless your injuries fall into one of six statutory categories. On the other hand, if you select the “No Limitation on Lawsuit” option on your own policy, you will have no such limitations on your right to bring a claim against another negligent driver. Obviously, we recommend that all of our clients select the “No Limitation on Lawsuit” option on their insurance policies.

I have the “tort threshold” election on my own insurance policy - does that mean that I don’t have a case?

Absolutely not. If you have the “tort threshold” election on your policy, you can still win your case against the other driver if you have sustained one or more of the following types of injuries: (1) Death; (2) Dismemberment; (3) Significant Disfigurement or Scarring; (4) Displaced Fracture; (5) Loss of Fetus; or (6) a Permanent Injury. A permanent injury is defined as an injury in which a body part or organ has not healed to function normally and will not heal to function normally with further medical treatment. You must produce some objective medical proof of your permanent injury (i.e., a positive MRI or x-ray result) and you must show that your injury has had a “serious impact” on your life.

What if I don’t have an automobile insurance policy of my own - am I still subject to the “tort threshold” limitations?

If you don’t have your own automobile insurance and you don’t live with a family member who has elected the “tort threshold” option on their own automobile policy, you will not be subject to the “tort threshold” limitations. However, even if you do not have your own policy of automobile insurance, you may be subject to the “tort threshold” limitations if you live with a family member who has made that election on his/her own policy.

Who will pay my medical bills if I am injured in a car accident?

In most automobile accident cases, your own automobile insurance company will pay your medical bills under New Jersey’s “no-fault” automobile insurance system. However, you should be aware that your automobile insurance probably has co-pay and deductible provisions relating to your medical expense coverage, meaning that you will have to pay some portion of your medical bills yourself. Depending on the type of private health insurance that you have, you may be able to get your private health insurer to pay the co-pay and deductible amounts under your automobile insurance policy. Our office will help you sort out these issues and to make sure that your medical bills are promptly submitted to the correct insurance companies.

What should I do if the other driver’s insurance company contacts me?

By no means should you give a statement to the other driver’s insurance company until you speak to our office first. Simply tell the person calling that you are represented by this office and that he/she should contact us if they want any information about your case.

What is Underinsured Motorist (UIM) coverage?

If you are injured in an accident with another driver whose insurance coverage is not enough to fully compensate you for your injuries, you may be entitled to Underinsured Motorist (UIM) benefits under your own automobile insurance policy. This area of the law is extremely complicated, so if you believe that you have a UIM claim, you should contact us immediately.

What is Uninsured Motorist (UM) coverage?

If you are injured in an accident with another diver who has no insurance, you may be entitled to Uninsured Motorist (UM) benefits under your own automobile insurance policy. This area of the law is extremely complicated, so if you believe that you have a UM claim, you should contact us immediately.

Non-Auto Accidents

If I fall down and injure myself on someone else’s property, am I automatically entitled to recover money from them?

No. You must prove that your accident was caused by some hazardous condition that the property owner should have remedied in order to recover money in a fall down case. In other words, you must prove that your injuries were caused by the property owner’s negligence. The property owner can be found negligent for failing to remedy various hazardous conditions on their property, including: cracked and broken sidewalks or other walking surfaces; accumulated snow and ice; spilled liquids or other slippery substances, etc.

What should I do if I am involved in a fall down accident?

If possible, you or someone else should immediately take photographs of the area of your fall so that the condition of the property can be documented before it is changed in any way. Contact this office immediately so that a prompt investigation can be undertaken on your behalf.

What are my rights if I am injured while working on a construction site?

If you are injured while working on a construction site, you are entitled to workers compensation benefits (see below). You may also be entitled to sue any responsible party other than your employer for money damages. Typically, these types of lawsuits involve claims against the general contractors, project owners, and/or project supervisors, who are responsible for overall workplace safety on a construction site.

I was recently bitten by a neighbor’s dog. Am I entitled to a recovery against the dog owners even though the dog had never bitten anyone before?

Yes. Under New Jersey law, dog owners are strictly liable for bite injuries caused by their dogs. It is no longer necessary to prove that the dog owners had prior knowledge of the dog’s vicious propensities.

Workers Compensation

What are my rights if I am injured on the job?

If you are injured on the job, you are entitled to workers compensation benefits. First and foremost, you are entitled to have your medical bills paid. Second, you are entitled to temporary disability benefits (70% of your salary) if your doctor determines that you are unable to work during the period of time that you are being treated for your injuries. Third, you may be entitled to a permanent disability award if your injuries have permanent residual effects. You should contact this office immediately after a work-related injury to make sure that you are receiving all of the benefits that you are entitled to.

Can I go to my own doctor and just submit his/her bills to the workers compensation insurance carrier?

No. You can only go to the doctors authorized by the workers compensation carrier to treat you. If you go to your own doctor without the workers compensation insurance carrier’s approval, the workers compensation insurance carrier will not pay the bill. It is therefore very important that all of your treatment be approved by the workers compensation carrier. If the carrier refuses to authorize necessary treatment, contact us immediately and we will make an application to the court to force them to provide treatment.

What if my job injury was my own fault?

You are entitled to workers compensation benefits if you are injured on the job, regardless of fault.

What if my accident was my employer’s fault - can I sue my employer?

No. Under New Jersey law, an employee is barred from suing his/her employer directly for job related injuries. Employees can only recover against their employers for job related injuries through the workers compensation system.

What if my job injury was the fault of someone other than my employer - can I sue that party?

Yes. In those situations where an employee is injured on the job by someone other than his employer, the employee can sue the responsible party for damages and can also file a workers compensation claim. However, in such circumstances the workers compensation carrier will have a statutory lien against any money that you recover from the responsible party, equal to 2/3 of the workers compensation benefits that have been paid on your behalf. That means that if you receive money from another party for a job related injury, you have to reimburse the workers compensation carrier for 2/3 of what they paid you in workers compensation benefits.

Medical Malpractice

I think that my doctor made a mistake when treating me - do I have a medical malpractice claim?

In order to prove a claim of medical malpractice, you must prove that a doctor failed to do what other doctors would do in the same situation - in other words, that the doctor deviated from the “standard of care”. You must then prove that the doctor’s deviation from the standard of care caused your injuries. In order to file a lawsuit against a doctor or hospital for medical malpractice, you must have a medical expert or experts who will testify that your doctor deviated from the standard of care and that this deviation caused your injuries. Because these cases are often costly and complex, it is imperative that your case be handled by a firm experienced in this type of work.

I am not happy with the results of my surgery or treatment - does that mean that I have a medical malpractice claim?

No. The law recognizes that medicine is not an exact science and that oftentimes medical treatment and surgery may leave you with less than ideal results even where there is no malpractice on the part of the doctor. You will only have a medical malpractice claim against the doctor if your poor results were due to the doctor’s deviation from the accepted standard of care.