A plaintiff has to prove his/her injuries affected their life on a daily level in a significant believable manner!!!

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Brittingham v. Goree, N.J. Super. App. Div. Following trial, a jury threw out plaintiff’s case when it determining plaintiff had not suffered a permanent injury as a result of a car accident. At trial plaintiff introduced expert testimony that she suffered disc herniations as a result of…

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If I slipped and fell on leaves or tree seed droppings from a tree can I sue the residential land owner?

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The New Jersey appellate division addressed this issue in this case decided on December 5, 2016. New Jersey has long-standing residential homeowner sidewalk immunity case law.   Residential land owners/homeowners are not liable for the failure to maintain their sidewalks in front of their home from natural…

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PIP Benefits Do Not Limit Medical Expense Recovery

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The Law Division of the Superior Court of Cumberland County, New Jersey has recently ruled medical expenses exceeding Personal Injury Protection (“PIP”) coverage benefits are not limited and are recoverable in a law suit.  In Angel Viruet, Jr. v. Fernando Maoine, the plaintiff was involved in…

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When and Why Expert Opinion is Needed in Negligence Cases

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Bomtempo v. Six Flags Great Adventure LLC, N.J. Super. App. Div. (September 2016).  In this case plaintiff alleged to have been injured at Six Flags Great Adventure Amusement Park.  Plaintiff ‘s attorney failed to obtain an expert to provide an ‘expert’ opinion addressing the alleged negligence…

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What did my attorney do to get my case dismissed?

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The second key part of this case (New Jersey Peek v Luo) is the attorney not knowing that he did not have the proper objective credible medical evidence during the discovery time period. The Importance of Objective Credible Medical Evidence In other words, why didn’t the…

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Why did the judge dismiss my case and not allow it to go to a jury trial.

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Issue: Why did the judge dismissed my case and not allow it to go to a jury trial. This is a very straightforward New Jersey Law Division appeal from a dismissal of a lawsuit because plaintiff did not provide competent medical evidence of an objective permanent…

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Burden of Proof for Personal Injury Lawsuits Involving Injuries from a Car Crash

Bakely v. Katz Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This case reaffirms the need for anybody bringing a lawsuit for injuries sustained from a car crash to carry their “burden of proof” regarding permanent injury.  The law requires Injury law suit claimants must have their treating doctors communicate in a report: the…

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