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Mark S Guralnick

Mark Guralnick’s Answers

409 total


  • Personal Injury Lawyer needed - rear end accident

    Rear Ended 7/4/16 I have a pre-existing condition, however I did get very hurt in a rear end accident on 7/4/16. I went to the ER the day of the accident, I saw my Primary Care Physician this morning, got a script for Physical Therapy and s...

    Mark’s Answer

    I have two additional pieces for advice for you. Because your case did not sustain that much damage, but you were extensively injured, the insurance company will attempt to argue that your injuries were pre-existing (otherwise, there would be more evidence of property damage to your car). In such cases, we develop evidence of "low-impact force" to the vehicle, and there are expert engineering witnesses who will testify to the fact that the car absorbed the majority of the impact while you sustained a greater volume of the blunt trauma of the accident. Secondly, insurance companies often try to low-ball settlements for chiropractors. You should make sure that your therapy regimen includes treatment by an M.D. or a D.O. (some other kind of licensed physician, not just simply a chiropractor), in order to overcome the predictable low-balling effect of the insurance company. We handle these kind of cases at our Boston North Shore office Middleton, MA and I'd be happy to answer any other questions you might have. http://www.guralnicklegal.com/personal-injury-lawyer/car-accident-lawyer/

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  • Jersey City New Jersey and we had a snowstorm and I fell down the stairs is my landlord liable?

    I live in Jersey City New Jersey and we had experienced a snowstorm that lasted throughout the night but ended by the afternoon the next day at around the afternoon I returned home and fell down the stairs because of the snow accumulation I just ...

    Mark’s Answer

    I think you do have a case here, if the video demonstrates the slippery condition of the stairs, and if the landlord was responsible to maintain the stairway. What were your injuries? Did you get treatment? We handle these kinds of cases out of our Jersey City office. You did not mention when this happened. Keep in mind that there is a two-year statute of limitations, which means that you must settle your case or file suit against the landlord within two years after the date of the accident. http://www.guralnicklegal.com/personal-injury-lawyer/

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  • How should I proceed (or not) with a life insurance beneficiary claim?

    I received a letter from the life insurance company that I was listed as the beneficiary on my former domestic partner's (14 yrs) policy. I sent the insurance company the information they requested but haven't heard back from them. My former part...

    Mark’s Answer

    You may be experiencing the delay tactics that are common by life insurance carriers. If this persists, you'll need to take action because excessive delays may lead to a denied life insurance claim.

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  • Involved in auto accident (rear end), and I was a passenger, what do I do?

    I was involved in a rear end collision accident with my girlfriend (me being the passenger). I was not injured (she had a medium injury of whiplash to her back and neck) even though I believe the car was totaled and there seemed to be no signs of ...

    Mark’s Answer

    I would also recommend that you do two things: Your girlfriend should promptly get medical care, and should start gathering her medical records. A law firm such as ours can assemble the medical records for you. Such records will ultimately need to be organized, analyzed and submitted to the appropriate insurance company to negotiate a settlement for her down the road. Secondly, you may want to re-visit the accident scene and reconstruct how the accident occurred. Once you review the police report, you may find that it is not thorough or complete. Check out the scene of the accident and examine the surroundings -- paving, roadways, tree cover, lighting (natural light), and so forth. A law firm, once again, can assist in these forensic aspects. Such details may be useful in establishing liability in your case.

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  • I live in New Jersey but got married in New York. My husband lives in Jamaica. How do I go about getting a divorce. Thanks

    I got married almost 10 years ago. My husband has moved back to his native country of Jamaica without my knowledge and I have not seen him in over 9 years. How do I get a divorce. Will the process be long. Thanks for your response

    Mark’s Answer

    You can finish the entire divorce in New Jersey pretty quickly. If you have a good address on your husband in Jamaica, then you should be able to get it finished even quicker. You did not mention whether you have any children or assets. If the divorce is completely uncontested, then it should be "smooth sailing" from beginning to end.

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  • After being awarded shared custody could I lose custody?

    My sister died, leaving behind her 8 yr. old daughter. After going to court I was awarded shared legal custody of my niece along with her father. I have physical custody of her. In the court papers it states that he has to pay child support. If I ...

    Mark’s Answer

    First, please accept my sympathies for your loss. The answer to your question is that yes, it is possible that physical custody of your 8-year-old niece could shift back to her father. A biological parent may be given a preference by a judge unless there are significant reasons why it would serve the child's best interest to remain with you (or why the father is not fit to care for the child). There are a number of factors the court will consider when making a permanent child custody decision. You are well advised to consult with an attorney and to have one with you if you return to court. -- Mark S. Guralnick msg@guralnicklegal.com

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  • Can I sue JC Board of Education?

    Minor child injured after falling while in the care of public school after school program. I was not called. Never received an accident report. Secondary insurance firm and exam slip has incorrect information. I was told fabrications by the staff....

    Mark’s Answer

    Yes, you have a right, on behalf of your son, to file a lawsuit against the Jersey City Board of Education. There are several steps that must be taken first. Initially, you must give the school "Notice of Tort Claim" which you must do within a specific deadline. Then you must give them an opportunity to respond. After that, you may file a lawsuit within the statute of limitations. If your son's memory is not clear about how it happened, you may want to have him discuss the situation with somebody else -- perhaps a counselor -- in order to get the "real story" out of him. If he suffered multiple fractures during an after-school program, either because of the school's negligence or because they weren't supervising both of your son's (again, their negligence), then you should pursue this case. Feel free to contact me or any attorney who handles these kinds of matters.

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  • How can I stop blackmail or extortion

    My ex has demanded that I pay $100 a week to not call the police on me. I have been in trouble before so this is a worry and when the call gets made they automatically put out a warrant on me. I can't afford that. It is never said or written...

    Mark’s Answer

    What do you have to fear other than the issuance of a warrant? Even if police came and picked your up, are you guilty of something? If your ex is making false police reports, you should request that the police charge her with making a false charge. If they won't do so, you should do so, by filing a private criminal complaint for filing a false police report. And, if that doesn't work, you should file a civil action against your ex for malicious prosecution and/or abuse of process (whichever may apply). You may also have remedies in the family court, depending on the circumstances. The fact that she is trying to "extort" $100 a week out of you, through your parents puts your parents in the middle of a possible legal mess---and I would advise them to instruct her to cease communicating such wishes through them, for it could make them conspirators or accessories to a possible extortion charge if, indeed, an extortion action were ever to be established.

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  • Visitation

    Can a non-custodial parent seek visitation rights after the child turns 18?

    Mark’s Answer

    Technically no, since the child is no longer technically a child once the "child" turns 18.

    Of course, you could simply make visitation arrangements directly with the 18-year-old. If he or she wants to be visited, then he or she should be able to make arrangements with you directly.

    If there are peculiar circumstances in your case, it may be possible to petition the court for visitation rights of a child over the age of 18, but this would involve an examination of the circumstances.

    Good luck.

    Mark S. Guralnick

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  • Can I get custody of my son back?

    I'm 20 years old and I gave my mother custody of my son when I was 18. I had my son as the result of a rape and I was alone scared and unprepared. I felt that my mom would do a better job raising him than me but I've matured a lot and I've also be...

    Mark’s Answer

    As the natural, biological mother of the child, you certainly would have legal standing to seek full custody of your son. It sounds like you have many favorable things to offer your son, and that you genuinely seem dedicated to the job of being a good mother. How easy you can take back custody, after turning over custody to you mother, depends on many factors: For example, how did your mother get custody? Was it through a general custody order? Kinship legal guardianship? Adoption? Depending on how she has custody right now, you may have an easier or more difficult road ahead of you.

    If you are on talking terms with your mother, you should open up a dialogue about how both of you can remain active in the child's life. The Court will always want to know what is in "the best interest of the child" -- these are the magic words. What will be in your son's best health interest, best educational interest, best safety interest, best social and cultural interest, best religious and spiritual interest-- all of these factors may play a role. An attorney can help you gather the evidence, cultivate the arguments and present your legal papers to the court.

    You may also wish to consult with a mediator. The Court will inevitably encourage you, if not order you, to submit to mediation in an effort to work things out between yourselves. Perhaps you will decide to move nearby your mother's place so that your son can enjoy the best of both worlds (It's great to have a grandmother as a babysitter living just around the corner).

    I am a child custody lawyer with offices in Mercer County. I'd be happy to help you. Feel free to call at any time.

    MARK S. GURALNICK
    (609) 720-9700

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