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What is post judgement modification

Hackensack, NJ |

in a legal case of personal injury caused by employer neglagance

Attorney Answers 4

  1. A post judgment modification is an application to the court seeking to modify the judgment based upon changed circumstances which were not previously known. The term you used is typically applied to divorce proceedings. In a personal injury action there are different forms in which an attorney can make an application to the court to modify an award from a jury. Since your inquiry mentioned employer negligence, this may also be a worker's compensation matter, which has its own set of rules. You should contact an attorney and have all of your documents available for his/her review.

  2. Speak to local counsel. It may be that the judgment entered after trial, has to be modified because of employer negligence. That can affect the part of the judgment that otherwise may go to the work comp carrier/employer, or reduce the amount awarded to you against the deft, based on negligence of the employer. These can be tricky issues, and you really need to sit down with your lawyer to have it explained.

  3. The terms you are using don't normally apply to a personal injury case. In the worker's compensation court it is an " Application for review or Modification of a prior Award"
    This is a proceeding to either have your award incresed if you have gotten worse or to stop benefits if the employer has evidence that you may have improved or commited a fraud.

  4. In order for your question to be answered need the following: 1) what type of injury 2) was a lawsuit filed in Superior Court 3) was a worker's compensation case filed 4) what NJ county is this happening 5) do you have an attorney 6) what advice has he or she giving you Thanks

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.

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