Posts Tagged ‘personal injury’
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…
Read MoreIf 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…
Read MoreSlip and Fall – Do you need an expert? “If your mother does not understand who’s responsible, you need an expert!”
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Strumeier v. Lenard NJ Appellate Division December 1, 2016 The facts of this case are very straight forward. On October 6, 2011, Plaintiff fell after stepping into a hole located in the vicinity of the guide rail in front of 444 Harrison Avenue. Donald…
Read MorePIP 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…
Read MoreWhen 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…
Read MoreWhat You Need to Know to Successfully Bring a Slip and Fall Case Against a Public Entity
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Brown v Parsippany Tsp. In this case the trial court dismissed a cause of action by plaintiffs after they failed to prove the existence of a dangerous condition on public property under the New Jersey Tort Claims Act. At the summary judgment level of the trial…
Read MoreWhat 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…
Read MoreWhy 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…
Read MoreWhy Did My Attorney Hire an Expert and Spend So Much Money on My Case?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In New Jersey there is a specific rule that outlines when a plaintiff needs to hire an expert for a case. Often client ask me why would we spend money on this expert or that expert. The very simple answer is you need an expert to…
Read MoreBurden 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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