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The “Big Four” Types of Liens Against Personal Injury Settlements and Judgments

A lien is a claim or encumbrance on property for payment of some debt, obligation or duty.  In New Jersey, there are four types of statutory liens that can be legally enforced against personal injury settlements and judgments.  They are (1) Medicare/Medicaid liens; (2) Workers' Compensation liens; Healthcare [...]

NJ Supreme Court Holds that Plaintiff’s Medical Malpractice Expert Must Practice in the Same Medical Specialties as Defendant Physicians

In a recent decision handed down by the New Jersey Supreme Court, Nicholas v. Mynster, A-6/7 September Term 2011, the New Jersey Supreme Court held that plaintiffs in medical malpractice matters cannot establish the required standard of care through an expert who, although credentialed by a hospital to [...]

Plaintiff’s Voluntary Intoxication: New Jersey Injury Lawyer

In most circumstances, an intoxicated plaintiff "is held to the same standard of care as a sober person."  Tose v. Greate Bay Hotel and Casino, Inc., 819 F. Supp. 1312, 1315 (D.N.J. 1993).  Thus, a plaintiff may not escape a finding of comparative negligence by claiming that their [...]

Successive, Unrelated Torts: New Jersey Injury Lawyer

When a plaintiff suffers injury to the same body part as a result of successive, unrelated acts of negligence, the suits may be subject to consolidation because of the common question of damages.  Under these circumstances, the second tortfeasor is entitled to view any injuries resulting from the [...]

The Rescue Doctrine: New Jersey Personal Injury Attorney

When a rescuer is injured during an attempted rescue of another person from peril, the rescuer may under certain circumstances sue either the rescued victim or a third-party whose act or omission created the situation that necessitated the rescue. In these cases, the rescue attempt itself may not [...]

“Modified” Comparative Negligence in New Jersey: New Jersey Personal Injury Lawyer

Under New Jersey's Comparative Negligence Act, the jury in certain personal injury lawsuits may evaluate the relative degree of fault of the parties involved in the case, resulting in a reduction of the damages recoverable by the injured plaintiff, rather than a total bar to recovery. New Jersey's [...]

Independent Medical Examinations in New Jersey Personal Injury Lawsuits

When an individual brings a personal injury lawsuit, they purposely place their physical and/or mental health into dispute.  As a result, plaintiffs in personal injury actions forfeit certain privacy rights that they would otherwise have, including the right to keep certain mental and physical health information private. Defendants [...]