Understanding Wrongful Death Lawsuits in New Jersey

Legal Help through the Most Difficult Time

The loss of a family member can be devastating. Not only are there emotional aspects of the loss which must be dealt with by the family, but frequently there are also financial consequences that affect the family and the dependents of the decedent.

When the loved one’s death was caused by someone else’s negligence, the next-of-kin may be able bring a wrongful death lawsuit again the person or persons who caused the untimely death. By pursuing a wrongful death claim, the estate of the decedent may seek compensation for any medical and funeral bills, and other out-of-pocket damages incurred as a result of the loved-one’s death. In addition, dependents may be entitled to compensation for future financial support and lost services that would have been provided had the loved-one survived.

While no dollar amount can ever replace a lost family member, financial compensation for a wrongful death can […]

Personal Injury Settlement FAQs

personal injury settlements frequently asked questionsOften, personal injury claims are settled before they get to court. Below are some of the common questions that personal injury claimants have about settlements in these cases.

Q: What is the difference between a personal injury settlement and a personal injury award?

A: A “settlement” is an amount of money that a plaintiff agrees to accept from a defendant to conclude a case, while an “award” is the amount of compensation that a judge or jury awards to a plaintiff following a successful personal injury trial.

Q: Do I have to pay taxes on my settlement?

A: Typically, the amounts you receive as compensation for non-economic damages (i.e. pain, suffering, disability, impairment and loss of enjoyment of life) are not considered taxable income. Notwithstanding, exceptions may apply, and you should always notify your accountant of any settlement received during a given tax year.

Q: Do I pay my attorney a fee […]

Hudson County, NJ Lawsuit Alleging Molestation By Former Priest Settles For $900,000

A man who was allegedly repeatedly drugged and molested over 30 years ago by a priest recently settled his Hudson County Superior Court lawsuit for $900,000. The suit alleged, among other things, that the Newark Archdiocese and other defendants violated the Child Sexual Abuse Act (CSAA). A significant issue in the case involved the applicable 2-year statute of limitations to bring such claims. The plaintiff claimed that he first discovered in 2009 that his various psychological ailments were associated with the sexual abuse. Conversely, the defendants argued that the statute of limitations had long expired, and filed a motion for summary judgment seeking dismissal of the case. The defendants’ motion was denied, however the judge ordered a hearing on the issue of whether the CSAA’s tolling provisions applied to permit the plaintiff’s claim to move forward. The case settled prior to the hearing.

How Much Does a Personal Injury Lawsuit Cost?

There are a number of different attorney fees structures. Some lawyers have fixed rates and bill their clients on an hourly basis. Others are paid a fixed or “flat” fee by clients for their work on a case. Still other lawyers receive a contingency fee that is paid by the client from the proceeds of a settlement or judgment.

In personal injury cases handled by The Reinartz Law Firm, we offer our clients the option of a contingency fee. Under this arrangement, clients do not pay out-of-pocket attorneys’ fees during a case, and only pay the firm when we obtain a settlement or judgment in their favor.

The Benefit of Contingency Fees in Personal Injury Cases

Wrongfully injured individuals usually have various out-of-pocket costs associated with their injury, in addition to lost wages, medical bills and other expenses. A contingency fee arrangement allows these individuals to retain an experienced personal injury lawyer to […]

How Long Do I Have to File a Lawsuit?

Every state has its own laws that set time limits for filing civil lawsuits. These are called statutes of limitations. When an injured person fails to file a lawsuit within the allowed time period, they lose the right to sue. It is thus very important that wrongfully injured people learn their rights as soon as possible following an injury.

Statute of Limitations For New Jersey Personal Injury Claims

New Jersey has a 2 year statute of limitations for personal injury lawsuits including, but not limited to, claims for Negligence, Automobile Accidents, Premises Liability, Products Liability and Wrongful Death. This means that a wrongfully injured person must file a lawsuit against the parties who caused their injury within 2 years of the time the injury accrues. In this regard, the clock starts ticking either when the person discovers the injury, or when they reasonably should have discovered the injury.  In motor vehicle accidents […]

NJ Association for Justice to Hold Meadowlands Educational Seminar November 13-15, 2013

The New Jersey Association for Justice is an organization dedicated to preserving and strengthening the laws that protect New Jersey workers, families and the public at large. The NJAJ is comprised primarily of trial lawyers who represent plaintiffs in a variety of legal matters involving personal injury, medical malpractice, workers’ compensation and consumer protection. The Meadowlands Seminar is an annual 3-day educational event and gathering of some of the top trial lawyers in New Jersey.  The purpose of the seminar is to educate the plaintiff’s bar on recent developments in the law and share knowledge in order to further the mission of the NJAJ.

Commercial Landlord Found Not Liable For Death Caused By Bacteria In Building’s Drinking Water Supply

In a newly decided New Jersey wrongful death and survivorship action, Vellucci v. Allstate Insurance Company, the New Jersey Appellate Division held that prevailing industry and regulatory standards do not impose a duty on commercial landlords to take pro-active measures to ensure that a commercial office building’s water supply is not contaminated by the Legionella bacteria.  In this case, the decedent’s place of employment was located in a commercial office building owned and managed by the defendant, a large and sophisticated real estate investment trust.  Plaintiff claimed that the decedent had contracted Legionnaires’ disease in December 2004 when he was exposed to a water-borne pathogen in the building’s water supply system.  In affirming the trial court’s dismissal of the case on defendant’s motion for summary judgment, the Appellate Division held that, absent evidence that the defendant landlord actually knew or should have known, through the exercise of reasonable maintenance measures, […]

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