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Lawrence M Berezin

Lawrence Berezin’s Answers

10 total

  • Can I sue a private school for another student's physical assault on me, even though it happened 7 years ago?

    Seven years ago, when I was in high school, I suffered strangulation from another student in the gym locker room. I felt I had sustained damage but only recently had the courage to see a physician about it. I am supposed to be getting some more te...

    Lawrence’s Answer

    • Selected as best answer

    Mr. Adams is correct about the age of majority in NJ. The statute of limitations begins to run on your eighteenth birthday, and extends for two years until your twentieth birthday. If, by chance, you still have time to initiate a lawsuit, the charitable immunity doctrine may apply, and act as a bar to a recovery for your personal injuries.

    Good luck.

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  • Can I be sued personally for an accident involving a truck in my company?

    My trucking company (a corporation) had an accident 3 years ago when my driver went through an intersection to fast and clipped 5 cars sitting at a light. There were some minor injuries, the worst being a lady who had a cut on her forehead from so...

    Lawrence’s Answer

    Good afternoon,

    The statute of limitations for personal injury cases in N.J. is two (2) years from the date of accident. In other words, a claimant must file a lawsuit against you within two years from the date of accident; or else she is barred from suing you.

    If you have not been named a defendant in a lawsuit by now, the time to name you as a defendant has expired.

    Good luck.

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  • My husband was pulling out of a parking spot and was slammed into by a fire rescue truck that came flying around the corner.

    The gentlemen driving was not coming back from an emergency or going to one. The whole front end of the car was damaged. Thank god he's okay. Here's my question. The fireman when questioned by the cop said he didn't have his license on him that i...

    Lawrence’s Answer

    If the cost of repairs exceeds the value of your car, your car is considered to be "totalled." You are entitled to the value of your car.

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  • I slipped and fell on a homeowner's icy steps while delivering a pizza hurting my back, can i sue the homeowner or does

    liability lie with my employer

    Lawrence’s Answer

    Good evening,
    Assuming you were working for a pizza company when you fell delivering pizza, you definitely have a workers' compensation claim. If injured, you must secure authorization from your employer to treat with a doctor. You are not permitted to choose your own physician. Please be sure your employer reports the accident to his workers' compensation insurance carrier. The sooner the better.

    If your employer refuses to authorize treatment, you are permitted to select your own doctor. I suggest you ask you doctor to call or write a brief note the your employer advising he/she is treating you.

    You have a potential claim against the homeowner for maintaining a dangerous condition on his property. Other facts are necessary for me to assess the viability of your case.

    My partner and I are happy to meet with you to discuss your potential claims. Please feel free to give us a call.

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  • Malpractice

    I had bunion surgery 3 months ago.. estimated recovery time is 3-6 weeks. My toe does not move its very stiff. i have constant pain and now i have a bump that has appeared on the top of my foot. i went to see another doctor for a second opinion an...

    Lawrence’s Answer

    Good day,
    We practice medical malpractice law in Hudson County. Our office is located nearby in Newark. I would like to add some thoughts to the excellent information provided by my colleagues. I rarely, if ever, trust a statement made by a second opinion doctor, when he criticizes the treatment of the first doctor. They huff and puff, but rarely back up their statements by repeating them to a lawyer; or participating in your case.

    If you are not feeling any improvement in three months post surgery, what did your original surgeon have to say? It is very important to ask him/her point blank, what's going on, and what does he/she recommend to fix it. If you are not satisfied with the response, consult with an attorney, immediately.

    My partner and I are happy to meet with you, and review your case in person. Please feel free to give us a call. The next step will be to secure your medical records and have your case evaluated by a doctor in your bunion surgeon's specialty.

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  • I hit an empty parked car backing out of a parking space. A lot of damage to my new car, minor dent to the other car's bumper.

    Recv'd careless driving ticket in the mail from officer who came to take the report after the accident. He never saw the accident, was there for a long time. I recv'd ticket 2 days later. Can I fight this.

    Lawrence’s Answer

    Hi,
    I agree with my colleague, but would add the definition of careless driving and reckless driving for your consideration:

    39:4-97. Careless driving
    39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

    39:4-96. Reckless driving; punishment
    39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.

    You were charged with the lesser of the two evils. And, you describe extensive damage to your car. These are facts that may be difficult to overcome in proving your "innocence" in a municipal court trial.

    Generally, municipal courts in NJ will give you an opportunity to negotiate a plea bargain, which may reduce the points involved and allow you to plea to a lesser offense.

    Good luck

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  • What happens after your found at fault for an auto accident and your inunsured?

    I was found at fault for an auto accident when I was not the one driving (car was taken unknowingly) What happens now? The damage done to the other vehicle(s) is quite expensive, and I am not insured.I was told by the insurance company that they d...

    Lawrence’s Answer

    I am sorry to read about your car accident pain. I don't practice law in Illinois, but there are some basis rules that apply in all States. My first question is, who found you at fault? Did you participate in a trial in a civil court? Was there an arbitration in which you participated where your were found "at fault." Or did the other vehicle's insurance company tell you the accident was your fault?

    In order for you to be financially responsible, the driver of your vehicle have operated your vehicle with your permission. The rules pertaining to "permission" vary from State to State. For example, a car thief who steals your vehicle is not driving with your permission. However, you son who found the car keys on the kitchen counter and took your car for a ride, may be.

    I urge you to seek a consultation with a lawyer in your area to discuss these and other issues before you pay for this accident. You may have viable, winning defenses.

    Good luck.

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  • Do I have a claim for medical malpractice, negligence or some other claim if I was misdiagnosed?

    My general practitioner ordered a CT scan after i had been sick for a few months. She called me on the phone while i was driving, asked me to pull over, and told me i had lymphoma cancer (enlarged lymphnodes). I asked if there could be another di...

    Lawrence’s Answer

    There are two general parts to a personal injury case, liability (fault), and damages (injury) caused by a wrongdoer. The facts you present, if provable, present a strong case for liability. The obstacle you have to overcome is establishing a significant damage claim to warrant the time, expense, and difficulty in prosecuting a medical negligence case.

    I am not minimizing the mental anguish you suffered from the time you learned of your cancer until the biopsy results were communicated to you; and the insensitive roadside telephone conversation. But, the diagnosis was corrected ten days later. Have you sought treatment with a psychologist or psychiatrist?

    I recommend you consult with a lawyer in your area who specializes in medical negligence cases. Your damages involve mental anguish and emotional distress; unless you claim the biopsy was not medically necessary. There may be limitations in your jurisdiction on these types of damages.

    Does the doctor acknowledge he/she informed you it was definitely cancer? If not, how can you prove the conversation took place as you claim. The fact a biopsy was ordered and performed does not necessarily corroborate your version of your conversation with your GP.

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  • Do I need a Personal Injury Attorney?

    Hello.I'm renting a home.The landlord,my girlfriend,and myself all walked through the house and I took pictures of everything,including this spot in the spare bedroom where there was some serious water damage.We pointed this out to her and asked h...

    Lawrence’s Answer

    Yes. You were injured due to the probable negligence of your landlord. There are some steps that must be taken immediately to preserve your claim and maximize your chances of success.

    1. Photographs should be taken of the condition of the roof, and any visible signs of damage in the room in which you were injured.

    2. Did you seek treatment for your injuries?

    3. Did you give an accurate history of the occurrence to your health care providers?

    4. Did you report the occurrence to your landlord?

    5. If your injuries persist, I recommend you schedule an appointment immediately with a lawyer who specializes in personal injury claims, Please do not give a formal, detailed statement without the advice of counsel

    Good luck.

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  • I am renting an apartment and slipped in the shower. I got hurt badly. Who is responisible for medical expenses?

    Who is responisble for all expenses?

    Lawrence’s Answer

    Hi! I am a New Jersey attorney, so my answer is based upon NJ law. A landlord is responsible to a tenant for a dangerous condition on his property. You must demonstrate the existence of a dangerous condition; the landlord's actual notice off that dangerous condition; or his/her constructive notice, which means that the dangerous condition is revealed by a reasonable inspection; and your injuries were caused by the dangerous condition. If so, the landlord is responsible for your pain, suffering, permanent disability, loss of enjoyment of life, economic damages and of course, payment of your medical expenses that are not covered by your insurance.

    In your case, you would have to prove that you were caused to slip by a dangerous condition in your shower. Sometimes, accidents do happen that cannot be blamed on another party. The issue of your comparative negligence would also be explored. In other words, were you careless or negligent; and if so, to what extent did your negligence contribute to your injuries.

    You may want to check if your landlord has any insurance coverage that will pay a tenant's medical bills. This is generally not the case, unless the landlord's negligence can be established. Did you have tenant's insurance? If so, your insurance may be a source to pay your medical bills.

    I hope this information is helpful. Good luck!

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