Rights of the medical malpractice plaintiff in New Jersey are limited by the provisions of the New Jersey Tort Claims Act (“TCA”). The Act requires that anyone intending to sue The University of Medicine and Dentistry of New Jersey (“UMDNJ”), any of its closely affiliated hospitals, or its faculty, fellows or residents needs to […]
After making the important decision to seek prompt medical treatment for a personal injury, the next step is to effectively communicate with your medical care provider. Effective communication with your medical care provider has two benefits. First, the medical care provider utilizes all the information provided to him or her to develop an […]
Although these terms may sound like they mean the same thing, in reality they are two distinct areas of the law. A survivorship claim is based on damages that the deceased has suffered to his person or property prior to his death. However, a wrongful death claim is based on the damages suffered by others […]
During the confusing and stressful time after an accident, it is critical to see a medical professional as soon as possible to document your complaints of pain; whether or not you intend to bring a personal injury lawsuit at that time. Often-times, people feel that their injuries are simple sprains and strains which will resolve […]
The answer is immediately. If any public entity may be responsible for your injuries or harm caused, the laws of New Jersey require you to put those entities on notice within ninety (90) days of the date of injury. If a notice is not sent within that time period, a claim for injuries […]
There are strict rules which must be observed before a state, county, municipality or their agencies employees and agents may be sued. Title 59 of the NJ Statues entitled Claims Against Public Entities sets forth these Rules in Sections 59:8-3 and following. Most importantly a claim must be filed within ninety (90) days […]
Many people ask themselves after they are injured in an accident, “when is the right time for me to seek legal advice?” The simple answer to this question is as soon as possible. As soon as you are physically capable after an accident you should contact an attorney to find out, […]
Were you injured as a result of a sidewalk fall? You should know that no matter how bad the sidewalk, the owner is not automatically responsible. The simplest situation is when your fall occurs in front of a commercial establishment. In that case, an injured party is owed a reasonable degree of […]
Adam Rothenberg did a great entry regarding this issue and medical malpractice. If you are interested in how this issue plays out in the medical malpractice arena, I recommend reading that first.
However, there are many ways that governmental entities may be involved in other types of negligence that may result in injury. For […]
If you have questions regarding accidents with a governmental employee, a municipal, state or federal entity, please see PART II of this series, as the rules are different and more pressing.
One of the goals of the Law is the resolution of disputes. To that end, New Jersey Law sets up time limits […]
