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John Anthony Mattiacci Jr.

John Mattiacci’s Answers

10 total

  • Was in a car accident Other drivers fault, I had broken wrist and went on disability ..what is fair value for settlement

    Head on accident, other driver crossed double yellow line, went to Eric and six weeks in cast on right hard and six week of pt

    John’s Answer

    As others have said, it is very difficult giving an estimate of the value of the case without knowing more information. In NJ, if you have car insurance and you elected a "limitation on lawsuit option" you may not be able to recover pain and suffering if the fracture was not a "displaced" fracture. If the fracture was displaced or if your injuries are permanent you may still be able to recover pain and suffering damages, as there are exceptions to the limitation on lawsuit election. Regardless, you can still recover medical bills, lost wages, property damage and other economic damages.

    If you have a permanent injury that is preventing you from working again, our firm and other attorneys often use vocational and economic experts to determine your future lost wages or lost earning capacity.

    Finally, the question of how much insurance the other driver has and whether you have underinsured motorist coverage through your auto insurance are things that are helpful to know before deciding whether to settle a case and for how much.

    All of these factors and more go into evaluating the value of a case. Speak with an experienced lawyer before making any decision to settle the case. You can find more information on my website. Best of luck.

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  • Slipped and fell in parking lot 2 days ago

    I slipped on ice and fell in parking lot 2 days ago. I did not go in and report the fall or take any contact information from the witnesses that assisted me in getting up off the ground. I live in NJ... I did go to the doctor immediately afterward...

    John’s Answer

    As others have said, contact a personal injury lawyer immediately. If you are considering bringing a claim the attorney can put the potential defendant on notice. An attorney has to speak with you to get as many facts as possible before anyone can say how strong or weak the case may be, but the sooner you act the better. Photographs or video of the scene immediately after the accident can be helpful, but at least make sure you document exactly where and at what time and day you fell. An attorney may also want to act to preserve any possible surveillance video or footage if any exists. Also, make sure you get the appropriate medical attention to treat your injury and follow the recommendations for treatment. Our firm handles these types of cases if you want to speak to someone, but there are many good firms out there. Just make sure whoever you choose has actual experience litigating slip and fall cases, especially involving snow and ice, which can be tricky. Best of luck.

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  • I was in a car crash last year and didnt see a doctor is it to late to open a case?

    The car crash was on 6/4/12. In vineland, nj on s. Lincoln ave. & e. Grant ave. Report # is 27545-2012

    John’s Answer

    Generally in NJ you have two years from the date of injury to file a lawsuit so you still have time to do so. Whether you can recover money and how much will depend on what injuries you have sustained and whether you can prove those injuries. Not treating with a doctor makes the recovery more difficult because insurance companies want documentation of injuries and treatment before paying any significant settlement. That is not to say you can't recover but it will depend on a number of factors. You should hire a lawyer immediately. Good luck.

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  • Can i sue a bar if i was assaulted by the bar tender? He kicked me out and followed me to assault me with other patrons.

    I was at a bar and was intoxicated. The bar tender cut me off and after i argued he told me to leave. I left reluctantly and upset, but then just as i was outside the bar he rushed out and began assaulting me. A short time later other men i think ...

    John’s Answer

    You may have a case and should consult with a personal injury lawyer immediately. Our firm has handled several cases involving injuries to patrons of bars and restaurants. In one gruesome case we represented the estate of a man who was murdered in a bar by the bartender, who beat him to death with a baseball bat. There can be issues with insurance coverage when intentional assaults occur, so it is important for a lawyer to review all of the facts as the specific claims that should be brought and the strengths and weaknesses of those claims vary from case to case.

    If you are injured you should also treat with a doctor if you have not done so already.

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  • What constitutes responsibility for a restaurant when you have a slip and fall case.

    While being taken to a table in a restaurant, my wife slipped and fell directly on her back. She developed a large bump near the spine and has severe bruising on her back. The floor is a wood floor and we did not notice any liquid or other matter ...

    John’s Answer

    Regardless of any potential lawsuit she really should see a doctor immediately and follow that doctor's recommendations for treatment, diagnostic tests, or therapy. Health is the first concern, but if you decide to pursue a lawsuit having her injuries and treatment documented are invaluable when trying to recover money.

    It is difficult to say whether the case is worth pursuing based upon the facts you stated. Restaurants have to have reasonable notice of an unsafe condition, which can be a challenge. My firm has had numerous cases against restaurants and stores over the years and each is different. In one case we recovered significant money for a client when she slipped on a wooden floor in a national steakhouse chain. There was no specific spill on the floor but we argued waiters were tracking grease from the kitchen into the dining area. The floor did not look wet but you could feel that it was slick and more slippery than the surrounding area. However, that was a really tough case and the client had several surgeries. The significant damages made litigating it worthwhile and we had a safety engineer support our allegations through slip resistance testing, etc.

    Regardless, you should speak to an attorney and have he or she look into for you. If you are signed to a contingent fee agreement you shouldn't have to pay anything out of pocket, even if the firm decides they can't bring a case after investigating. At least, that is what my firm does as do most firms that takes cases on a contingent fee.

    Again, please make sure your wife gets treatment if she is in pain. Best of luck.

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  • How much can I ask for the compensation from the driver's insurance company

    Last year when I was riding a bike, a car bumped me at a stop sign. He did not see me. I fell down from the bike and was sent to emergency room by 911. Nothing broken. MRI says it's good. But the doctors and Independent Medical Evaluator say I do ...

    John’s Answer

    As others have stated, you should speak with an attorney. It is difficult for any attorney to properly advise you as to value without reviewing your medical records, the amount of past and future bills, and the effect of any injury, surgery or recovery on your ability to earn money or work. Our firm looks at all of these factors and more in valuing a case. Hiring an attorney will be the best way for you to maximize your total recovery. Best of luck.

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  • I was in an accident in NJ, 100% not at fault, (lady ran stop) other driver has NJSAIP why should my insurance have to cover it?

    If my insurance cant recoup for damages does my insurance go up? If I only have liability & opted out of UIM, now what? Ive hurt my shoulder & left leg, under NJSAIP they hv no liability, how is this fair? I'm from out of state, this has caused me...

    John’s Answer

    Most of the other attorneys have already provided good feedback. These special automobile insurance policies and basic policies in NJ that provide no liability coverage are horrible and I am seeing them more and more. To me they are unconscionable but they will likely become only more common.

    You should still speak with an attorney and have your insurance policy reviewed. You said you were from out of NJ. If you are from Pennsylvania there are very specific requirements that an insurance company must follow in order for you to validly waive uninsured motorist coverage. While most insurance companies have their bases covered, I recently was able to get underinsured motorist coverage for a client who "waived" that coverage because the waiver's language was invalid under the law. It is rare but something that should always be checked.

    You can always contact my firm if you would like us to review your policy and find out whether any waiver of UM/UIM coverage is valid. Either way, you should formally speak to an attorney and have your policy reviewed at a minimum so the laws of your state can be evaluated. Best of luck.

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  • If you get a discontinue without prejudice after statute of limitations can they still sue you later in a personal injury case?

    was sued before statute of limitations for personal injury from car accident. they settled with my insurance company 2 months after statute of limitations. I got a letter about the suit with a discontinue without prejudice instead of a discontinue...

    John’s Answer

    • Selected as best answer

    So long as a release has been signed that formally settled all claims against you then you should be fine. You should request a copy of the release for your records, as another attorney has stated. If the plaintiff that sued you is pursuing a UIM claim through his own insurance company, the plaintiff would have received permission from the UIM carrier to settle the case against you prior to doing so. As part of that the UIM carrier would generally waive subrogation. In other words, the UIM carrier would agree not to sue you for reimbursement of the money paid by them in the UIM claim. The attorney for the plaintiff may have been overly cautious but from the information you provided you should be okay. If for any reason you are sued again, contact your insurance company immediately and demand to be defended and indemnified under your policy. They may then be able to use the underlying release to challenge any claims.

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  • Can a mall be sued if a customer slips and a wet floor sign is present?

    Just out of curiosity here. I work in the food court at a mall, and we had a bad rain storm the other day, and there were puddles of water in the back hall where the workers go. Housekeeping had a wet floor sign there, but never mopped up the wate...

    John’s Answer

    • Selected as best answer

    Putting wet floor signs in the area of a slipping hazard can make these types of cases difficult. However, the lack of floor mats or slip-resistance mats on the ground could still be a problem for the defendant. It's easy to just put a wet floor sign out and then let customers track water all over a floor and then blame a customer who slips. But the property owner or manager should still be taking more steps to protect invitees by either cleaning up the water or using mats to prevent people from slipping. Just putting a wet floor sign out doesn't necessarily absolve the property owner or property manager of responsibility.

    Also, even if a customer or even a worker in the area saw the wet floor sign and walks carefully over the area that person may still slip and fall even while being cautious. Liability, as usual, depends on the specific facts of the case, including how much of an area was slippery, how many signs were out, what type of sign was out, how many, what color was the sign, what did the warning say, how close in relation to the slippery conditions was the sign, and the slip resistance properties of the floor.

    Don't automatically assume there is no case if someone were to slip. A person injured in this type of situation should still consult with an attorney, let the attorney do an investigation and make a case-specific decision. I have handled cases like this before and just putting out a warning sign doesn't automatically mean you are immune to a legitimate suit.

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  • Had a car accident in 04 in nj my attorney settled out of court in 08out of court, can I reopen my case?

    My attorney settled out of court and my injuries have gotten worse and I was told that I could reopen the case if they did. I have 3 herniated disks in my neck causing severe headaches and nerve damage in my arms.

    John’s Answer

    It is difficult for any attorney to answer that question without knowing the facts of the case, what type of claim or suit you had, the nature of the claim that was settled, and most importantly whether any release was signed and what the terms of that release were. The attorney that represented you should have a copy of any release that you signed to settle the case back in 2008. Without the benefit of knowing all of the facts of your case and the terms of the release it is difficult if not impossible for any attorney to specifically state whether there is any chance of filing a formal lawsuit or re-opening your case at this point in time.

    Settlement issues aside, generally for personal injury cases like auto accidents, slip and fall cases, etc., you have to file a suit with the Court within two years of the date of accident (or when you knew or should have known of your injury), otherwise any suit filed past the expiration of the statute of limitations may be dismissed.

    Best of luck.

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