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”]My office handles claims arising out of automobile, motorcycle, truck, construction, fall, unsafe product and dog bite accidents and injuries, including wrongful death and brain injuries.
Moreover, I focus on most personal injury matters including the following:
- Personal Injury/Accidental Death (automobile, motorcycles, burns, falls, trains, sports, construction mishaps, unsafe products, dog bites, birth defects, amputation, etc.);
- Malpractice (medical, dental and legal);
- Defective Products;
- Nursing Home Neglect;
- Workers’ Compensation (wages, medical bills and permanency awards
for work-related injuries and death); - Police Misconduct (victims of and those charged with, excessive force,
brutality and harassment-plaintiffs and defendants).
Among the types of cases we handle are accidents and injuries relating to:
An injury victim is generally entitled to compensation for past, present and future pain, suffering, disability, lost wages and other economic losses, out-of-pocket medical and other expenses. If the victim is married at the time of the accident, a per quod claim can also be made for the spouse’s losses due to the accident.
Your initial consultation is free, and we do not charge an attorney’s fee if there is no recovery.
[/spb_text_block] [spb_accordion width=”1/1″ el_position=”first last”] [spb_accordion_tab title=”DEATH CLAIMS / SURVIVOR ACTIONS” accordion_id=”death-claims—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”]Each jurisdiction has certain filing requirements. Under the laws of the State of New Jersey, the injured party must file a lawsuit within a certain period of time after an injury, including injuries caused by defective products, automobile, train, construction and motorcycle accidents, falls, bites, birth defects and other sources. This period of time is known as the Statute of Limitations. As the law now stands, most personal injury lawsuits, based on New Jersey State law, must be filed no later than two years after the date of the incident or when you knew or should have know of same. (Note that there are also certain Federal and other laws such as those relating to claims against governmental entities, like the Port Authority, which may have different deadlines, some of which may be shorter than two years.) Immediate action is generally recommended. There are laws which may extend the time to file a lawsuit so that the two years may run from when you knew or should have known of the loss. Moreover, there are other unique laws which may also affect deadlines and the other time limitations. The following are some examples.
1. If the injured is a child under 18 years of age (a Minor), the Statute of Limitations may be tolled until the child turns 18.
2. A special law for birth defect claims which must be filed before the minor reaches 13 years of age.
3. Claims for certain sexual assaults on minors.
4. The Statute of Limitations for a Wrongful Death Claim runs from the date of the death.
There may be other time sensitive deadlines unique to your cause of action. If you fail to file your lawsuit or take certain action within the appropriate period of time, you will forever lose your right to file a lawsuit or make a recovery as a result of the incident.
When a public entity or employee is a potential defendant, you must generally serve your Notice of Claim within 90 days of the wrongful conduct for certain New Jersey State Law claims. 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. Similarly, the Unsatisfied Claim and Judgment Fund has a 180-day notice of claim requirement applicable for certain cases such as times when there are no other sources of recovery and certain other requirements are met. Therefore, as mentioned above, immediate action may be necessary.
In automobile cases, you must consult your policy regarding the time frames within which to challenge your P.I.P. (Auto Medical and other benefits coverage). Auto Carrier’s refusal to pay related medical expenses and issues relating to pre-authorization and approval for treatment must be timely addressed. P.I.P. arbitrations [or lawsuits] for “No Fault” medical and other benefits have deadlines with which you must comply. Similarly, compliance with health insurance policy provisions is required in cases in which health insurance, rather than your automobile P.I.P. coverage, is primary.
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 relating to punitive damages, which must be considered in deciding which relief to seek.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=” STEPS YOU SHOULD TAKE IF YOU ARE INVOLVED IN AN ACCIDENT ” accordion_id=”” 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”]You should immediately get basic information from the other individuals involved in the accident, the establishment or the facility at which the accident occurred. You should attempt to obtain a copy of an incident or accident report, if it occurred on premises. You should also get a copy of the police report when it is prepared.
If possible, take pictures of the accident site and of any damage relating to the accident. Get the names, addresses, telephone numbers of all those involved with the accident, those responsible for the accident site and anyone who may have been a witness to the accident.
Obviously, you must always tell the truth; however, you should not volunteer an admission of liability or fault for the accident. You should arrange for an appointment with a qualified attorney as soon as you are able. It is recommended that you speak to an attorney before giving a statement. Try to avoid giving taped or written statements before speaking with counsel. In the event that you do, insist on receiving a copy of it. However, many times those taking the statement will refuse, for various reasons, to provide you a copy. Remember that, as a general matter, personal injury claims in New Jersey must be brought within two years of the date of the wrongful conduct or when you knew or should have known of same. Some claims have unique time requirements, such as claims against the Port Authority, skiing resorts, or public entities or employees. Therefore, it is important that you do not delay in retaining counsel or at least in discussing the matter with counsel to make sure that your rights are adequately protected.
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I have represented plaintiffs and defendants in matters involving injury cases for about 34 years. I have represented the State of New Jersey, including State Court Judges and various New Jersey commissioners and departments in matters involving personal injuries. As a member of the Million Dollar Advocate Forum and various trial organizations, and since I am currently serving as an Arbitrator for the New Jersey Superior Court and the Federal District Court, I am familiar with the handling of most injury cases.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”DEATH CLAIMS / SURVIVOR ACTIONS” accordion_id=”death-claims—survivor-actions-1″ 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″ 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 relating to punitive damages, which must be considered in deciding which relief to seek.
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 decedent’s representative, on behalf of the decedent’s estate is entitled to recover the damages which the decedent sustained during his or her life up to the time of the death regardless of whether or not the accident caused the death.
[/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″ 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. A New Jersey Wrongful Death Claim is brought to recover economic losses to the family or relatives when the accident caused the death. These claims are unique.
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 suffered by family, relatives or dependents (Wrongful Death Claim) is distinguished from the survivor claim which is for physical injuries or suffering sustained by the decedent. The Wrongful Death Claim does not seek relief for pain, suffering or disability sustained by the decedent.
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 or economic loss suffered by the Estate, family, relative or dependents. 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=”QUESTIONS OR ISSUES WHICH MIGHT HAVE TO BE ADDRESSED” accordion_id=”questions-or-issues-which-might-have-to-be-addressed” 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”]1. Describe in detail the location of the accident (include in your answer proximity to driveways, intersections, traffic signs, homes, businesses or other fixed objects.)
2. Describe in detail how the accident happened. Include in your answer (a) any defects or hazards at the accident site, b) how long the defect or hazard existed before the accident, c) why you did not see the defect or hazard before the fall, and d) who was responsible for the condition.
3. Did you have a conversation with anyone responsible for the accident site? If so, were any statements made as to who was at fault? What statements were made? Did anyone say he/she was sorry?
4. Did you have any other conversations at the time of, or subsequent to, the accident with any witness or anyone involved with the accident or the accident site? If so, specify the name and address of the person and the substance of the conversation.
5. Did the police investigate the accident? If so, did you give a statement to the police? If so, state in detail exactly what you told the police. Also, state in detail any other statements you overheard being given to the police.
6. Did you have any discussions with any of the witnesses at the scene of the accident? If so, with whom did you speak and what was said?
7. Give the full name and address of each potential defendant (responsible party), including the owner, the maintainer, and the inspector of the accident site.
8. Were any photographs taken of the scene of the accident, or anything related to the fall? If so, identify the subject of each photograph and indicate when taken, where and by whom. (Please provide 3 copies of each photograph to our office. Please retain the original copy and the negatives for yourself. Please store the originals in a safe place as they will be used if a trial in your matter is necessary.)
9. Did the accident occur in the course of your employment?
10. Have you applied for any medical or insurance benefits, including workers’ compensation, State or private disability benefits, social security, Medicare, Medicaid, welfare, charity care or any other source other than your own insurance as a result of this accident? If so, when and to whom did you apply, what response to your application did you receive and what benefits did you receive and from whom received?
11. Did you or anyone with you at the time of the accident consume any alcohol prior to the accident? If so, identify what each of you was drinking, where each drink was consumed, with whom each of you was drinking, the amount that each of you had to drink, and how long prior to the accident each of you had your last drink.
12. Did you or anyone with you at the time of the accident take any medication or drugs before the accident? If so, identify the type each of you took, who prescribed each, the dosage and how long before the accident each of you took the last dose.
13. Were you prevented from working or attending school as a result of any injuries you suffered in the accident? If so, please state for how long and on whose advice.
14. Describe all activities you typically engaged in which you were prevented from doing as a result of this accident.
15. Describe all activities you typically engaged in which you were restricted in doing as a result of this accident.
16. Describe any household or other tasks you typically performed before this accident which others had to perform because of any injuries you suffered in this accident.
17. List all other expenses or losses you have incurred as a result of this accident and which have not yet been reimbursed or which are outstanding. Use a separate sheet if you do not have enough room here.
18. Did you have any pre-existing conditions before this accident which have been affected or worsened by this accident? If yes, please describe the conditions, and describe how they were aggravated. (For example, if you had a herniated disc in the past, please describe how your pain, if any, has changed).
Helpful Hints
You should let your own insurance company know about the accident as soon as possible. Some of your benefits may depend on whether or not you have notified you own insurance company in a timely matter. For example, medical benefits may have to be pre-authorized before your own insurance company will pay for them. Remember that what you communicate to your own insurance company may end up in the hands of defense attorneys to be used against you at trial. So, therefore, be mindful of that when communicating with your own insurance company.
Throughout your case, you may want to keep a diary of your various complaints, limitations and restrictions as well as out of pocket expenses and things of that nature. This information will be used later on at the time of your deposition or when completing answers to interrogatories.
You will need assistance getting medical bills paid and pursuing lost wages. You will want someone who will aggressively fight for your rights and help you through this difficult time. We have years of assisting our clients obtain the fair compensation to which they are entitled.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”GENERAL INFORMATION ON AUTO & VERBAL/NO VERBAL THRESHOLD INSURANCE” accordion_id=”general-information-on-auto—verbal-no-verbal-threshold-insurance” 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”]The type of insurance that you had at the time of injury cases may affect several aspects of your claim. For example, in New Jersey, drivers have the choice of selecting “No Verbal Threshold” or “Verbal Threshold” insurance. This is an important choice you must consider long before any action occurs. I would recommend that you select the “No Verbal Threshold” when you take out new insurance or change to this option now if your policy is already in existence. You should shop around to see who offers the best rates. In most cases, it is certainly worth the additional premium dollars to provide yourself with better protection. If you select the “Verbal Threshold” option, your premiums may be less. However, you may not get fair compensation for your pain and suffering in cases when you are faultless unless you meet one of six requirements.
Over the years, I have provided advice for those who are about to review or renew their automobile policies. What option you select will affect both your ability to receive medical care if you are injured in an automobile accident and your legal right to receive fair compensation from the careless driver who caused the accident. This advice may be critical to keeping you and your family safe.
While you should thoroughly review the brochure of various coverage options offered by your insurance company, what follows are some general considerations.
1. BUY A “STANDARD” POLICY, NOT A “BASIC” POLICY. You are required to select either a “standard” policy or a “basic” policy. A “standard” policy includes liability coverage (if you are sued) and uninsured/underinsured motorist coverage (if the careless driver has no insurance or inadequate insurance). It provides better protection than the “basic” policy. A “basic” policy provides no liability and no uninsured/underinsured motorist coverage.
If you have a “basic” policy and are sued after an automobile accident, you risk financial disaster because you may not have insurance to pay a judgment entered against you. Your insurance company will not assign a lawyer to represent you and you may lose your credit rating or even your driver’s license. Even if you believe you have no assets to protect today, consider this: An unpaid judgment is a twenty- year obligation. The assets you may gather for the next two decades may be taken to pay the judgment. The savings offered by insurance companies to drivers who choose the “basic” policy may seem too good to pass up. However, a premium discount simply may not be worth your risking financial disaster. We recommend that you buy a “standard” policy; never buy a “basic” policy.
2. GET HIGH LIABILITY PROTECTION. Liability insurance is what protects your assets in the event you are charged with being even partially responsible for an accident. The “standard” policy may provide minimum coverage of $15,000 per person/$30,000 per accident; however, you may purchase coverage up to $500,000. Most people feel that the minimum limits are inadequate and typically purchase coverage in amounts such as $100,000, $300,000 or $500,000. Check the cost of higher coverage since it tends not to be proportionately higher. We recommend that you purchase the highest coverage that you can afford. Never buy the minimum coverage. You may also want to consider an “umbrella” policy for added protection.
3. GET THE HIGHEST UNINSURED/UNDERINSURED COVERAGE. Uninsured/underinsured coverage protects you and your family if you are involved in an accident with a driver with no coverage or inadequate insurance. This coverage is critical! It has been estimated that one in three drivers is either not insured or has only low coverage. As more drivers choose the “basic” policy, there will be an even greater number of drivers without adequate insurance. Buying more than the minimum coverage will better protect you and your family against these drivers. Make sure that your insurance agent is offering you underinsurance/uninsurance coverage which is as high as your liability coverage. You, yourself, are entitled to as much protection as you are affording to those whom you may negligently injure or harm.
4. BUY A POLICY THAT ALLOWS YOU AND YOUR DOCTOR TO CONTROL YOUR HEALTH CARE. Some insurance companies may offer you the option to require pre-certification for medical treatment. This means that your doctors may be required to obtain permission from your insurance company before rendering certain medical treatment and/or administering certain diagnostic tests. We believe that your doctors should be able to exercise their independent judgment and that the choice of treatment should be the responsibility of your doctors, not your insurance company. We do not recommend that you select pre-certification or any other option that permits your insurance company to control your health care.
5. CHOOSE $250,000.00 IN PIP COVERAGE. The “standard” policy provides personal injury protection (PIP) benefits for medical expenses up to $250,000 per person; however, you are permitted to buy as little as $15,000. If you are injured in an accident, you should not have to worry if you can afford the best medical treatment. Moreover, you should also know that certain private health plans may exclude treatment for automobile injuries. Other health plans or Medicare may require you to pay back all or a part of what they paid for your treatment, should you recover in a civil suit. We recommend that you keep PIP medical expense benefits of $250,000.
6. BUY A POLICY THAT SAYS “NO LIMITATION ON LAWSUIT THRESHOLD”, “NO VERBAL THRESHOLD” OR “NO THRESHOLD”.
The “standard” policy requires you to elect one of two lawsuit options:
A. The “limitation on lawsuit threshold” option which limits your legal rights to make a claim unless you have sustained certain permanent and significant injuries; or
B. The “no limitation on lawsuit” option which permits you to make a claim for any type of injury.
You should not give up any of your legal rights if you are injured in an automobile accident. We recommend that you elect the “No limitation on lawsuit threshold” option. We realize this may be a more expensive option. If you choose to limit your right to sue and are faultless and injured in an auto accident, you will not be able to make a claim for pain and suffering unless your injuries fit into one of the six categories.
The law continues to offer the option of giving up your right of access to the court system for certain injuries, in exchange for a reduction in insurance premiums. Without those rights, however, you may not be compensated for even a prolonged injury not fitting in to one of the six catagories. Weigh whether the cost savings offered is worth giving up the ability to be fairly compensated for less than permanent injuries. You purchase auto insurance for more than just that little card that sits in your glove compartment, or complying with the requirements of the government, some bank or your leasing company. You purchase auto insurance for your safety and security.
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Please remember —
(1) Basic is bad — Never buy a “basic” policy. Buy a “standard” policy to better
protect you and your family.
(2) Buy the highest liability coverage and uninsured/underinsured motorist
coverage that you can afford and still protect your rights.
(3) Buy PIP medical expense coverage of $250,000.
(4) Do not select any plan that includes pre-certification of medical treatment.
(5) Always select a policy with the “no limitation on lawsuit threshold” option.
The failure to purchase the correct coverage may affect both your ability to receive medical care if you are injured in an automobile accident and your legal rights to recover fair compensation from the driver who caused the accident.
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It is important when you are involved in an accident 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 injury cases, we have developed relationships with other professionals, including orthopedists, neurologists, economists and engineers, 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 the court systems in most New Jersey counties.
Product liability cases may require the use of special experts, including engineers and other professionals who are knowledgeable about certain products, designs and technical areas. We are familiar with these types of experts and can help you in the pursuit of these types of cases.
An injury victim is generally entitled to fair compensation for past, present and future pain and suffering, disability, lost wages and other economic losses, out-of-pocket medical and other expenses. If the victim is married at the time of the accident, a per quod claim can be made for the spouse’s losses.
[/spb_text_block] [/spb_accordion_tab] [spb_accordion_tab title=”FINAL COMMENTS ON PERSONAL INJURY” accordion_id=”final-comments-on-personal-injury” 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”]It is important that you immediately contact an attorney to discuss your rights and to make sure that evidence is preserved in order that we may assist you in aggressively and professionally pursuing your case. You are entitled to maximum fair compensation.
I have represented plaintiffs and defendants in matters involving injury cases for about 34 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 matters involving personal injury and related areas. As a member of the Million Dollar Advocate Forum and various trial organizations and as an Arbitrator for the New Jersey Superior Courts and the Federal District Courts, I am familiar with the handling of most injury cases.
My staff and I provide compassionate, aggressive, thorough and professional representation in pursuing your case. I am readily available for “in office” appointments if you would like to discuss your case as it is progressing.
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. I will keep you informed of the significant aspects of the case as it progresses and include you in important decision-making steps along the way. Together 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. I will provide you with the representation and the support staff in which you can have trust and confidence. I am 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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