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Michael David Lindner Jr

Michael Lindner’s Answers

465 total

  • My spouse was plaintiff in a hit and run Accident covered under UM. I have a per quod claim...

    I just learned that my husband settled his matter with the insurance carrier. He said that the insurance carrier did not require my signature on the release and the attorney representing us in the matter never contacted me about this settlement. ...

    Michael’s Answer

    When a spouse is injured, then the other spouse has a potential per quod claim – basically a claim where the non-injured spouse receives some compensation for the damages that sustained as a result of their spouses’ injuries. Even though it is a separate claim for damages, it is derivative of the injured spouse’s claim, and can’t stand on its own.

    Typically, for most cases, this is a very minor part of the claim, and many attorneys will not pursue the claim since it reduces their credibility to the jury. For example, say someone broke their leg, and then it healed relatively well. Technically, the other spouse would have a per quod claim for the damages they sustained from helping their spouse out when the spouse was hobbled - but why would you pursue that? A jury would just be irritated and angered that you are asking money for the time you spent taking your spouse to the doctor, or heling them with some chores around the house for a short period of time. Even if they did give you some money, it would be minimal.

    Conversely for seriously injured patients (think of someone in a wheelchair, or permane4ntly brain damaged in need of round the clock care for the rest of their life), the per quod claim could sometimes In extreme cases be as big as the underlying injury to the brain damaged person.

    So, some attorneys choose not to include those claims, and if that was the case here, then you are not required to sign the release, and you are not part of the settlement.

    Even if you were part of the settlement, assuming you and your spouse are still married, the money does not come in 2 separate checks, and except in very unusual situations, there is not an allocation of a certain amount to your spouse for the injuries, and a separate amount to you for per quod amount.

    Further as a practical matter, when it came down to the final settlement, I doubt that the total settlement amount would have been any different if a per quod claim was included (again, except in extreme cases). I can tell you that when we value cases for settlement, in the majority of cases, the attorney and the insurance company just look at the injured persons damages and injuries, and the per quod claim is irrelevant.

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  • NJ at-fault driver liability for medical expenses incurred as a result of accident

    I was rear ended at high velocity last week, i sustained injury on head & sent to ER by ambulance, i do have PIP though with a high deductible. I am a NJ resident & the at-fault driver was NY resident (therefore has a minimum bodily injury prot...

    Michael’s Answer

    With very few exceptions, your medical bills, with that very high deductible, will be paid by your own car insurance regardless of the status of the at fault driver’s State of resident, and regardless of the at-fault driver’s policy limits.

    However, the at-fault driver’s insurance policy can impact your ability to pursue pain and suffering (and other damages for your injuries, including reimbursement of the deductible) which would depend on which insurance carrier provided the insurance, and whether they are an insurance carrier “that is authorized to do business in NJ”.

    If they are an authorized insurance carrier in NJ (which an attorney or you can verify online), then your ability to get pain and suffering, and other damages, would depend on whether you selected the ‘limitation on lawsuit option” in your car policy.

    Lastly, if the other driver has minimal bodily injury protection, and your inured sustained turned out to be worth more than those limits, you would look back to your own car insurance policy to see your levels of underinsured motorists limits. If your UIM limits are greater than the at-fault driver’s bodily injury limits, you may have a claim for underinsured benefits from your own car insurance. If your limits are the same or less, then you do not.

    You should consult with a personal injury attorney with experience handling car accident cases. Good luck

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  • If my damages in a personal injury auto case is worth more than the tortfeasor's policy limits, could I collect from my own UIM?

    The tortfeasor has a policy of 100/300 and the UIM for the vehicle I occupied as a passenger is 25/50. There is another vehicle insured under this policy for the same UIM amount. I'm not sure if stacking is allowed in NJ. I was told that...

    Michael’s Answer

    UIM is not available. Underinsured motorist coverage kicks in when the tortfeasor is underinsured compared to your limits of your car insurance that is available. Here the 100K is more than the 25K, therefore no UIM. Further no stacking of UM or UIM policies in NJ. You can, with some assistance, get the remaining 70K of medical bills paid, but that is just for bills incurred, not for pain and suffering.

    I am not sure who told you that your injuries are worth 325K, but if they are, then you should consult with an attorney ASAP

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  • Can i receive it in advance settlement

    hi my name is julian and when i was a minor about 15 years old a drunk driver hit me and my family and we had a settlement i have received 15000 after lawyer cost it went to 12000 for me since i was a minor my mother had put it in an account i rec...

    Michael’s Answer

    You seem to be describing a structured settlement since your first payment was at age 21 and another one at age 25. The lawyer who handled the case for you should have a copy of the actual structured settlement payout so you would know exactly the date and the exact amount (and there may be more payments to come, since a total of about $30,000 seems low for a structure).

    Unfortunately, if it is a structured settlement, you will be unable to get a court to modify it. Your only recourse, if you need the money right away, is to sell the structured settlement to a company that buys them. There are a number of them out there. The one thing they all have in common is that they pay you only cents on the dollar for the structured settlement payout. Assuming they were even interested, it wouldn’t surprise me to see them offer you $2,500.00 now for the rights to the $15,000 payout in three years.

    Even if you do want to do that, and even if they wanted to buy it from you, it still needs court approval of the sale, and a judge might not allow it, though most do so grudgingly.

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  • Do we need an attorney?

    My son was in a head on collision. Another vehicle hydroplaned across the center line into my sons lane causing the accident. The jaws of life had to be used to get him out. He was very fortunate in that he only got a broken toe on one foot and cr...

    Michael’s Answer

    The easy answer is yes, you most certainly do need an attorney. Contact an experienced certified civil trial attorney who will give you a free consultation.

    Since the consultation is free, there is no reason not to contact one to understand the options.

    Property damage issues, medical bills, payments of medical bills, handling of co-pays and deductibles, coordination of medical care if out of state, and potential claim for pain and suffering damages. All of these issues need to be discussed.

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  • I was injuried do to a truck running threw my bedroom the truck was uninsured and owned by another person

    I put in a PIP claim threw my auto insurance and started therapy after 7 months of therapy my insurance carrier sent a letter saying they were dropping me based on wut they said I didn't disclose everyone living in my home rite after that my lawye...

    Michael’s Answer

    If the truck was uninsured, then your claim would be primarily against your own car insurance as an uninsured motorist claim. As a technical matter, an attorney might, if a lawsuit was necessary or if the 2 year deadline for filing a claim was about to expire, file a lawsuit against the driver and owner of the truck (especially if it were an ongoing business with assets) to preserve a claim against them individually, or to preserve your car insurance company’s right to go back after the uninsured driver for any money they might pay you for your injuries under the uninsured claim.

    It is unclear from your question what you mean by “your insurance company dropped you for failing to disclose everyone living in your home” - this may be a serious issue that bars you right to bring a claim, but I can’t comment further since I don’t know what it means or the basis.

    It would be worthwhile to get a copy of your file from Lundy, and then make an appointment with a new attorney to discuss.

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  • I have a case for workers comp now. But i fail of Roof. Can i lawsuit to Home owners

    I fail of Roof. Im doing workes camp now. Can i lawsuit the Home owner s

    Michael’s Answer

    Any good attorney who handles workers compensation claims, will always also evaluate the potential for a 3rd party lawsuit against any non-employer, which could include the homeowner.

    However the homeowner would have had to have done something wrong to contribute to your fall off the roof. If the homeowner did nothing to contribute to your fall, then you don't have a claim. There is no claim solely because the fall happened on the homeowner's roof/property, there is only a claim if the homeowner did something wrong.

    Check with your current attorney if you have one, and if not, contact one ASAP for the workers compensation claim as well as the potential 3rd party claim.

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  • Do i need to be worried and contact a lawyer?

    Late at night my car ran out of gas and i had to stop on roadside(in residential area, not highway). I turned hazard lights on and went to look for gas. Walked around the block and the stations were closed. Came to the car turned the lights off we...

    Michael’s Answer

    39:4-56.1a (which I think is likely 39:4-56.5(1)(a)) is the more serious and significant violation carrying with it the potential for heavy fines ranging from $100-$500 and license may be suspended or revoked for up to 2 years.

    39:4-136 is not serious, no points, and a small fine in the range of $55.00, plus court costs.

    Based on the description of your facts, it is unlikely that you are guilty of the more serious crime, and that an attorney should be able to get that charge dismissed, either with an agreement to simply pay the fine for the smaller charge, if not an outright dismissal of both charges, with payment of court costs only.

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  • Do I have a case if I was burned by hair dye at a salon ?

    I went to a beauty salon about 3 weeks ago to color my hair for the first time, I warned the stylist that it was my fist time, she stayed neutral and proceeded with the regular coloring routine, a few minutes after the hair dye was applied it bega...

    Michael’s Answer

    Yes, I handled a similar case a number of years ago, and it was able to be settled. Find an experienced personal injury attorney in your area to give you a consult. Take pictures to document the hair loss which has already occurred and continue to do so. Sorry to hear of your issues.

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  • Value of slip and fall accident on landlords property. The apartment was not a legal 2 family. I no longer have a spleen.

    the walkway outside my apartment was icy. i slipped and fell. i am 60 yrs old. i fell onto a huge bolder directly outside my apt, punctured my lung, fractured 8 ribs, ruptured my spleen and had a pint of blood in my stomach.. i was in the hosp...

    Michael’s Answer

    I presume you have a lawyer. That should be your first point of discussion. If you are looking for a second opinion, which is fine and a good idea, then you should do so formally, and provide that attorney with all the information necessary for complete review. The value of a case is extremely complex and can't be determined with a few paragraphs on Avvo. If the case has made it to the arbitration stage then this can often be accomplished by having a second attorney review the defense arbitration statement and the statement prepared by your attorney. It still won't cover every nuance, but should get you a reasonably reliable second opinion without much expense.

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