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Todd B Eder

Todd Eder’s Answers

3 total

  • What can I do about falling into a sink hole?

    Its was about 1030Pm on July 4th and my family and I were waiting for the fireworks at the Stadium. We were parked on the street, I went to get out of the car, I took one step onto the curb and then the next step on the grass when my foot went in...

    Todd’s Answer

    Your question did not indicate if the property upon which you were injured is owned privately or by a governmental entity, If the incident occurred in NJ and the property was owned, managed or under the control of a governmental entity, you must file a Torts Claim Notice with the entity as a pre-condition to any lawsuit. You can receive the necessary form from the particular governmental entity. Usually, the time period for filing a Torts Claim Notice is within 90 days of the incident. Depending upon the governmental entity the time period could be shorter or longer. It is suggested that you file a Torts Claim Notice as soon as possible in any event, even if you later decide not to pursue a claim. Failure to timely file a Torts Claim Notice may bar you from pursuing a claim. Further, be advised that any lawsuit must also be filed within the appropriate statute of limitations period (the time period in which to file a lawsuit) . You should be aware that in order to pursue a claim against a NJ governmental entity your condition must be permanent and the medical expenses must exceed a certain monetary threshold.

    If the incident occurred on private property, generally you must file a lawsuit within two years of the date of the incident,otherwise you will be barred from any monetary recovery.

    You have not indicated if your injuries are serious or even permanent. You may wish to contact an attorney to discuss the merits of your case and if your case is worth pursuing.

    This answer is for informational purposes only, does not constitute the practice of law in any State, and should not be relied upon as legal advice or in lieu of consulting the Law Offices of Todd B. Eder, P.C., or other attorneys as each case is unique with differing facts, deadlines, legal approaches and conclusions.

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  • 1st or 2nd DUI - one in PA and one in NJ

    Hi. I was arrested in October 1999 for DUI in PA, I have a NJ drivers license and lived in NJ at that time. I entered the ARD program and I was told my driving record would be clear of the DUI offense. It was reported to NJ at that time but I h...

    Todd’s Answer

    Under NJ law, if the prior offense resulted in a conviction based upon similar law in NJ, this could be a second offense. If the PA charge did not result in a conviction, it would probably not be considered a prior offense in NJ. However, you may be safe anyway. Under NJ law, if the prior first "conviction" is more than 10 years old, this NJ charge would be considered a first offense for sentencing purposes in NJ.

    Always be upfront with your attorney. Whatever the facts are, he/she can work with it.

    This answer is for informational purposes only, does not create an attorney client relationship, constitute the practice of law in any State, and should not be relied upon as legal advice or in lieu of consulting the Law Offices of Todd B. Eder, P.C., as each case is unique with differing facts, deadlines, legal approaches and conclusions.

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  • Can i sue a doctor for given me vicoden for my back when i have had a ulcer for years and now i am in pain.

    My pain managment doctor had all of my medical records and it is clear that i have had many gastro test and have had an ulcer for about 10 years now. He took me off tramadol ( that my personal PC had me on) and put me on vicodens. I have pain now ...

    Todd’s Answer

    In order to prevail in a medical malpractice action, you need to prove negligence and that the negligence substantially contributed to your damages. Although you believe that the Vicodin is causing you pain, has a physician told you that your condition is due to the medication? Did any physician tell you your condition is now permanent due to the Vicodin? Have you had, or do you now need surgery because of this condition? The pain may be the result of other conditions, or the result of a known reaction to the medication. You may wish to first consult with an independent physician to answer these questions before considering a lawsuit. You may have a claim against your doctor, but medical malpractice claims are very expensive to prosecute, and often, lawyers require either advancement or a retainer for costs to obtain experts and medical records. Even with a positive finding from an expert, the damages may be insufficient to warrant a lawsuit, especially if the damages are not permanent in nature. Nonetheless, if your condition is serious and related to negligent treatment or improper prescription of medication, then you should consult with a malpractice attorney in your state. Please be advised that each state has a statute of limitations period which establishes a time frame in which to file a lawsuit. Contact a lawyer in your state to ensure that you have sufficient time to file a lawsuit if you desire to proceed. Failure to file a lawsuit within the appropriate time frame will bar any right to a recovery.

    This answer is for informational purposes only, does not constitute the practice of law in any State, does not establish an attorney-client relationship and should not be relied upon as legal advice or in lieu of consulting a licensed lawyer in your state, as each case is unique with differing facts, deadlines, legal approaches and conclusions.

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