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Philip L Faccenda's Answers
Contributor Level 9
- 30 Legal Answers
- 8 Legal Guides
3
Attorney answers:
Pending lawsuit and divorce?
It is not completely clear whether you are referring to a workers compensation claim and/or a civil lawsuit in the Superior Court, or both, because if you were injured at work you would generally be entitled to pursue a workers compensation claim that would be resolved in a separate court known as the NJ Division of Workers Compensation. However, if the work injury was due to the fault of a third party not employed by your employer, such as injuries caused by a defective product made elsewhere...
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2
Attorney answers:
Why do I feel like I'm getting the run around?
If you feel that your attorney is being unresponsive to your reasonable requests for information as to status of the case, I suggest you request an opportunity for a full discussion of all the issues. It may be that there are delays caused by scheduling in the Bankruptcy court, but you are entitled to a full explanation of the anticipated course of events, and the anticipated timeline for these events.
Selected as best answer
3
Attorney answers:
Final Disposition
Contact the Clerk of the Superior Court, Trenton, New Jersey, and they will advise you verbally as to the last several docket entries leading to the case final disposition. If you want an itemization of all docket entries, that can be requested; and if you want a copy of all papers filed with the court, they are available as well, but you will have to pay the copying and shipping costs. This is all available from the Clerk's office.
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1
Attorney answers:
Malpractice
The statute of limitations for filing a legal malpractice complaint in New Jersey is six (6) years. It does not begin to run until the client suffers actual damage and discovers, or through the use of reasonable diligence should discover, the facts essential to the malpractice claim. In cases in which a client would not reasonably be aware of the underlying factual basis for a claim, New Jersey courts apply "the discovery rule" which focuses on an injured party's knowledge concerning the origin...
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4
Attorney answers:
Can I sue for an shoulder injury from work and anxiety caused from them not paying the bill until I was sued from the hosp?
Your question calls into question several important legal issues that require you to consult an experienced attorney as soon as possible: First, you are subject to having a judgment entered against you by the medical provider for a bill that appears to be clearly the responsibility of the workers compensation insurer for your employer. Your attorney should be able to stop the suit and bring it before the NJ Division of Workers Compensation so that a workers comp judge can determine the proper...
1 lawyer agreed with this answer
3
Attorney answers:
Do my husband and I have grounds to sue a drug company for his debilitating illness?
Your question raises a red flag regarding whether a lawsuit at this time may be too late. The date and reason you and your husband first had reason to suspect a certain cause of his problems will be significant. Your husband's situation may give rise to a claim for liability against not only the dug manufacturer, but the physicians who prescribed it and subsequently treated or examined him as well. You should immediately arrange to see an experienced medical malpractice attorney attorney...
1 lawyer agreed with this answer
3
Attorney answers:
When the Judge Signs My Order, am I required to Send a Copy to the Plaintiff?
Yes, you are required to serve the other parties with a copy of all court orders that are issued at your request. You must mail it within five days of your receipt.
1 lawyer agreed with this answer
4
Attorney answers:
I was in a car accident 30yrs ago are injuries still covered?
If you made a claim and secured a settlement following the accident, the settlement normally provides that it is final and no further relief can be obtained. If you did not make a claim, your rights are governed by a statute of limitations which, in New Jersey, requires that all formal suits for damages from accidents must be filed within two years of the date of the accident. There are extremely rare circumstances that could extend the deadline such as when the cause of an injury, or even the...
1 lawyer agreed with this answer
2
Attorney answers:
I have a workmans comp claim in review. The insurance adjuster sent me a release form to sign to release my medical records
You have the right to object to such sharing of information, and to insist that only the court and the physicians selected to treat you have access to such information. If the insurer refuses to proceed in this manner, consult an attorney to protect your rights. The courts have barred insurers from themselves having access to past medical treatment records where they involve highly sensitive or personal information and permitted access to only the doctors for the purpose of determining the...
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1
Attorney answers:
Ex-boyfriend refuses to lrave
If the boyfriend is on the title, he is equal owner. While it is not clear from your question that the boyfriend is also on the title, that appears to be the case since he is on the mortgage. If so, your friend has several options: first, she should offer to buy out his interest; second, if he refuses, she must file a lawsuit to order the sale of the property, in which case she can ask for an equitable distribution of the proceeds based upon the respective contributions of the parties. She...
1 person marked this answer as helpful