Legal Question in Personal Injury in New Jersey

Re: personal injury-trip and fall

Procedurally, the following events occur in most personal injury cases. First, we must complete our investigation and file. This will involve the collection of data from your physician, your employer, and our investigator. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement.

If that avenue is not productive, then a complaint is filed, and the parties served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an "Answer." The Answer if usually followed by a request for written interrogatories. These are questions that must be answered by the claimant with the aid of counsel. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question.

The deposition is just as important as the trial itself, and in the event you are deposed during the course of this action, you will receive detailed instructions as to procedure. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.

Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

To read entire article, go to http://www.njlaws.com/personal_injury.htm

Re: personal injury-trip and fall

Very good question. I will assume that the uneven pavement you refer to in your question exists on the public sidewalk. Sidewalk liability is a very confusing area of the law in New Jersey.

A private homeowner is not responsible to maintain the public sidewalk abutting their home for normal wear and tear; and is not liable to someone injured on the sidewalk due to a defect in the sidewalk due to normal wear and tear.

On the other hand, if the defective condition of the sidewalk causing your injury was created or maintained by the present homeowner, or a predecessor in title (prior owner), you may have a viable claim.

You cannot collect payment of your medical bills under your neighbor's homeowners policy unless you can establish that the homeowner is negligent.

Good luck

Re: personal injury-trip and fall

FIRST: You should immediately go to your primary care doctor. Second, give our offices a call and set up an appointment. There are a number of possibilities for your recovery: The homeowners insurance policy might not only cover your bills but also your pain and suffering. In addition, if it is also on City/Town Property, you might have a claim against the municipality. Give our offices a call or e-mail me directly to set up an appointment: [email protected].

-Daniel Cevallos, Esquire