Personal Injury & Wrongful Death
[/spb_text_block] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”yes” padding_vertical=”0″ padding_horizontal=”3″ margin_vertical=”0″ custom_css=”margin-top: 0%;margin-bottom: 0%;padding-left: 3%;padding-right: 3%;” border_size=”0″ border_styling_global=”default” width=”3/4″ el_position=”last”]We handle medical, dental and legal malpractice cases. They can deal with professional mistakes and errors, misdiagnosis, birth defects and serious injuries.
Your initial consultation is free, and we do not charge an attorney’s fee if there is no recovery.
Occasionally professionals, including doctors, dentists, lawyers and others, make mistakes which cause substantial damages and loss. These cases must be reviewed by professionals to determine whether or not there was indeed a deviation from the standard. That means that the conduct of the professional was outside what is the accepted professional standard. We evaluate the defendant’s conduct against the standard within the area of that person’s expertise or practice. At times certain omissions or actions by professionals appear to be mistakes when, in fact, they are not deviations from the standard of care. Because of the unique nature of these matters, professional review is required to determine whether or not there was a deviation and whether the deviation caused specific identifiable losses.
While most professionals do indeed practice within standards, there are those whose negligent conduct causes very substantial injuries or even death. Many attorneys do not handle these types of cases. Therefore, it is important that you retain an attorney who is familiar with these areas of law. It is important that records be collected and that notices of claim and related issues be addressed early in order to preserve evidence and protect your rights.
If you are the victim of medical, dental or legal malpractice, it is important that you comply with certain deadlines which may require immediate action. In certain situations Notices of Claim must be filed against public entities and/or public employees within 90 day of the date of the wrongful conduct. Certain hospitals and facilities may have interns or residents affiliated with the New Jersey University of Medicine and Dentistry or some other public entities which will require the filing of the Notice of Claim against the entity or the employee involved. It is not always readily apparent as to whether or not this must be done. Therefore, it is important that you quickly retain counsel in order to determine whether the requirement applies to your case. Call us, and we can assist you with this.
You should retain counsel to aggressively, and professionally pursue your claim. Many times medical malpractice cases result in wrongful death and other serious losses. The use of certain economic experts may be needed to establish financial losses. Moreover, vocational experts and various other professionals are frequently needed in these types of cases.
Having handled malpractice cases for over 20 years, I am familiar with experts who are willing to come to court to testify when malpractice has occurred. Many times we retain experts from New York, Pennsylvania and nearby states who have special expertise and knowledge in these areas.
[/spb_text_block] [spb_accordion width=”1/1″ el_position=”first last”] [spb_accordion_tab title=”TIME TO FILE A COMPLAINT FOR MEDICAL MALPRACTICE IN NJ” accordion_id=”time-to-file-a-complaint-for-medical-malpractice-in-nj” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]Generally, you must file within two (2) years from the date of wrongful conduct or from when you knew or should have known of the wrongful conduct. Service of the Summons and Complaint should take place within a reasonable time thereafter. There are other requirements with which you must comply. As mentioned above, claims against public entities or employees also require the filing of a Notice of Claim within 90 days of the wrongful conduct. Under certain circumstances a Notice of Motion to File a Late Notice of Claim may permit the late filing under N.J.S.A. 59:8-1 et seq. for special circumstances. However, that motion must be timely filed and may generally permit the late notice if it is filed within one year of the date of said wrongful conduct. Moreover, a formal Affidavit of Merit by an expert must be filed shortly after the defendants answer the Complaint.
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Throughout the process, we keep you informed of the significant aspects of the case, and we will work with you. You may review pleadings, documents and reports before they are sent to the defense. We may have you review reports from the defense.
Professional negligence (malpractice) is conduct which deviates from a standard of care required by law for the protection of persons from harm. Negligence may result from the performance of an act or the failure to act. The determination of whether a defendant was negligent requires a comparison of the defendant’s conduct with a standard of care. If the defendant’s conduct is found to have fallen below an accepted standard of care, then there was malpractice.
Since jurors are generally not medical, dental, legal or other professional practitioners, they may need to be informed about what the standard of care is in a particular circumstance to make a decision about a defendant’s deviation from the standard. In the past, however, the courts have recognized some circumstances where the claimed negligence is so obvious that jurors are permitted to apply their own common knowledge, for example, where a surgical pad or needle was left in a patient’s body after a surgery was completed.
For a plaintiff to go forward attempting to have the court apply the common knowledge standard and not utilize expert testimony can be an extremely risky proposition. Even if the error made by the practitioner is overwhelmingly obvious, the damage done from the error almost always needs articulation by an expert. Since professional negligence cases generally require, at the outset, an affidavit of merit to support the claim, if a plaintiff is proceeding on the common knowledge basis, the defense will usually file a motion early on for the court to determine whether the case can proceed without expert testimony.
One of the few times when a plaintiff should proceed without an expert and rely on a common knowledge standard is where the damages are so small as to make the hiring of an expert economically unfeasible.
We are committed to providing the type of aggressive, professional and consistent representation to which you are entitled. We will guide you through the case as it progresses, arriving at the fair compensation that you deserve. We will plan strategies and provide you with options at various junctures throughout the case. We will provide you with the representation and the support staff in which you can have trust and confidence.
It is important when you are the victim of professional negligence that you have the benefit of a qualified attorney assisting you throughout the process. We offer thorough, compassionate and professional service throughout your case. During the many years of focusing upon these cases we have relationships with professionals, including orthopedists, neurologists, and economists, all of whom can be called upon to assist in certain cases.
Having served as a Deputy Attorney General for the State of New Jersey I have the benefit of being familiar with most New Jersey counties.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”SURVIVOR ACTIONS” accordion_id=”survivor-actions” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]When there is a death caused by the wrongful conduct of another, there may also be a survivor claim. This is a claim by which a representative basically steps in the shoes of the decedent and collects for losses which the decedent would have collected had the death not occurred. In the survival action, a representative like the administrator of the estate, as plaintiff seeks damages for the decedent’s hospital and medical expenses, and loss of earnings, as well as any disability and impairment, loss of enjoyment, or pain and suffering which the decedent sustained between the date of the accident and the death. Under the law, the plaintiff is entitled to recover the damages which the decedent sustained during this period of time.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”WRONGFUL DEATH CLAIMS” accordion_id=”wrongful-death-claims” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]Many times accidents can result in a wrongful death claim as well. These claims are unique. In such cases there may be a survivor action as discussed above. In addition, there is the wrongful death claim, which may be brought by the family for certain economic losses that they and/or dependents sustained as a result of the decedent’s untimely death. Certain family members can bring claims for wrongful death depending upon the intestate statute and/or dependency and related factors.
It is important to note that as a general matter the two-year statute of limitations for filing a wrongful death runs from the date of the death.
In a wrongful death case, family or the dependents of the decedent seeks to recover damages from the defendant contending that defendant’s fault was responsible for the death of the decedent. The Wrongful Death claim seeks recovery of the actual economic or financial loss due to the death of the decedent.
This claim for pecuniary or financial loss is distinguished from any claim for physical injuries or suffering that may have been sustained by the decedent, such as any pain, suffering or disability sustained by the decedent as discussed in the “Survivor Action” section.
In the event that the jury finds that the defendant’s negligence was a proximate cause of the death, the judge will ask the jury to limit its consideration to financial loss. These losses will be measured by what those who have suffered the economic losses would have received from the decedent within a reasonable degree of probability if the death had not occurred.
These financial losses include not only actual monies which the decedent would have contributed to or earned for the benefit of those harmed and/or dependents, but also the reasonable value of professional services, assistance and care as well as training, guidance and counsel which the plaintiffs would have received had the death not occurred.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”PUNITIVE DAMAGES” accordion_id=”punitive-damages” icon=””] [spb_text_block animation=”none” animation_delay=”0″ simplified_controls=”yes” custom_css_percentage=”no” padding_vertical=”0″ padding_horizontal=”0″ margin_vertical=”0″ custom_css=”margin-top: 0px;margin-bottom: 0px;” border_size=”0″ border_styling_global=”default” width=”1/1″ el_position=”first last”]In certain cases when the wrongful conduct of the defendant is deliberate, intentional or reckless, the injured party may claim punitive damages, as well. There are special laws and insurance considerations relating to punitive damages, which must be considered in deciding whether to seek that relief.
I have represented plaintiffs and defendants in matters involving injury cases for about 27 years. I have argued cases on behalf of the State of New Jersey, including State Court Judges and various New Jersey agencies and departments in civil matters. As a member of the Million Dollar Advocate Forum and various trial organizations and currently serving as an Arbitrator for the New Jersey Superior and N.J. Federal District Courts, I am familiar with the handling of most tort claims.
We will provide you personalized representation. You will not be passed from one attorney to another. I will start your case and I will finish your case. You will receive the benefit of professional and caring assistance throughout the process. We pride ourselves on our personal and professional care to each client who retains us. We focus on representing victims who are seriously injured. We do not handle matrimonial, bankruptcy, real estate, zoning or landlord/tenancy matters.
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I am a solo practitioner focusing in these areas of law, and I can assure you that I will not pass you from one attorney to another attorney. I will handle your case from beginning to end with the assistance of my staff. We will keep you informed of the matter as it progresses, and we will include you in decision-making steps along the way. If applicable, we will plan strategies and provide you with options at various junctures throughout the case. You are always welcome to schedule an appointment to come in to discuss your case. We will provide you with the representation and the support staff in which you can have trust and confidence. We are determined to aggressively, thoroughly, and professionally protect your rights and take the steps designed to achieve the fair resolution of your matter to which you are entitled.
Feel free to see our two-page advertisement listed First in the Verizon Middlesex County (New Brunswick/Edison) 2017 Superpages Directory under “Lawyers” at pages 176-177 and on the back of the front cover. You can also find the full ad via Dexpages.com under the New Brunswick/Edison Directory which actually permits you to view the Directory Ad on pages 176-177.
Note: The material included on this web site is not intended as legal advice on any particular matter or in any particular jurisdiction. It is for general informational purposes only. Because the results of any legal matter may vary depending upon the specific law, facts and other considerations applicable to the case, you should not act based upon any material contained on this web site without seeking professional advice as to the particular facts and law involved in your particular case. No information on this web site should be construed as a forecast of future results. Transmission and receipt of information from this web site does not establish an attorney-client relationship between the reader and Patrick J. Richardson, P.C. or between some other person and Patrick J. Richardson, P.C. This firm is not responsible for any third party content which is accessible through this site.
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