Selecting a Personal Injury attorney

Understanding the Role of a Personal Injury Attorney

A personal injury attorney is someone you turn to when injured due to someone else's negligence, like in car accidents, slip-and-falls, or workplace injuries. Their role is to guide you through the process, fighting for your rights, and making sure you get compensated for your losses—be it medical bills, lost wages, or pain and suffering. They navigate the complex legal system, negotiating with insurance companies and, if necessary, taking your case to court. They also give you peace of mind knowing that your questions will be answered and your interests protected. Essentially, they're your advocate, your voice in a system that can seem daunting. Hiring one means you're not going it alone; you've got expertise by your side to get you to your best outcome possible.

Qualities to Look for in a Personal Injury Attorney

When hiring a personal injury attorney, you want someone who's more than just a whiz with the law books. Here's what to zero in on: First off, experience matters. Someone who's been in the trenches, knows the courtroom like the back of their hand, and has a track record to prove it. Next up, specialization. You need a lawyer who eats, sleeps, and breathes personal injury law. This isn't a job for a jack-of-all-trades. Communication is key, too. Your lawyer should talk to you in plain language, keep you in the loop, and make the complex stuff simple. Look for availability as well. If they're always too busy, it might not be the right fit. Lastly, compassion. This person needs to get it — to understand what you're going through and be genuinely driven to help you win. Find someone with these qualities, and you're on the right track.

The Importance of Specialization and Experience

When choosing a personal injury attorney, remember two key things: specialization and experience. You need someone who knows the ins and outs of personal injury law. This isn’t just another case; it’s your life, your recovery on the line. So, why does specialization matter? Personal injury law is complex, covering accidents, medical malpractice, and more. A lawyer specializing in personal injury law spends their days navigating these tricky waters. They know the shortcuts, the pitfalls, and how to steer clear. It’s like choosing a surgeon for a delicate operation. Experience, on the other hand, is what turns knowledge into wisdom. An experienced attorney has seen it all — they’ve fought the tough battles and have a history of wins (and losses) to learn from. They can predict moves, understand how insurance companies think, and know how to negotiate the best settlement for you. Think of it this way: Would you climb a mountain for the first time with a guide who’s only read about it, or with one who’s scaled it a hundred times? Exactly. So, when searching for a personal injury attorney, don’t just pick a name from a hat. Look for someone who’s dedicated their career to understanding personal injury law and has the battle scars to prove their expertise. It could mean the difference between a failed attempt and a successful recovery.

The Initial Consultation: What Questions to Ask

When you first meet with a personal injury attorney, think of it as an interview. You're sizing them up, seeing if they're the right fit for your case. Key questions can help you make this decision. First, ask about their experience with cases similar to yours. It's crucial to know they've successfully navigated the waters of your specific injury type before. Next, inquire about their success rate. You want a lawyer who wins, plain and simple. Don't forget to discuss fees upfront. Many personal injury attorneys work on a contingency basis, meaning they only get paid if you win. However, understand exactly what percentage of the settlement they'll take and if there are any additional costs. Another vital question is about communication. Ask how often you'll receive updates about your case and through what means. Knowing the timeline is also key. Ask them to give you a rough estimate of how long the process might take. Lastly, ask who exactly will be handling your case. Sometimes, the person you're meeting with is not the one who'll be your primary contact. Make sure you're comfortable with their team approach. These questions arm you with critical info, helping you pick the attorney that's right for you.

Fees and Payment Structures Explained

When choosing a personal injury attorney, it's crucial to understand their fees and payment structures upfront. Most personal injury lawyers work on a contingency fee basis. This means they get paid only if you win your case or secure a settlement. Typically, in New Jersey, the fee is 33% of the awarded amount or settlement with a sliding scare for settlements or jury verdicts in excess of $750,000. This might seem high, but remember, no victory means no fees for their hard work. Additionally, some lawyers may charge for out-of-pocket expenses, such as filing fees or costs related to gathering evidence. These expenses might be billed as they occur or deducted from your settlement at the end. It’s important to discuss all these details during your initial meeting. This way, there are no surprises, and you can focus on what’s truly important—your recovery.

Checking References and Past Client Experiences

When searching for a personal injury attorney, digging into their past can tell you a lot. References and experiences from former clients are gold. They give you a real picture of what to expect. Reach out and ask the lawyer for references. Don't be shy. If they're good, they'll have plenty of clients who are happy to share their stories. Check online reviews too but take them with a pinch of salt. Every case is different, and so is every client's experience. Remember, a few bad reviews amongst a sea of good ones doesn’t mean disaster. It’s their overall track record you’re interested in. This step is your homework. It can make the difference between choosing a champion for your case or ending up with a dud.

Understanding the Attorney's Approach to Case Preparation

When selecting a personal injury attorney, understanding their approach to case preparation is crucial. A good attorney doesn't just dive in; they strategize. First, they'll gather all the necessary details about your incident. This involves collecting evidence, talking to witnesses, and getting a clear picture of what happened. Next, they assess this information to build a strong case. It's not just about having the facts; it's about presenting them in a way that solidifies your claim. Your attorney should communicate with you regularly, keeping you updated on progress and advising on any steps you need to take. They also negotiate with insurance companies on your behalf, aiming for a settlement that covers your needs. If settlement talks don't pan out, they'll be ready to take your case to court. Remember, an attorney's preparation can make or break your case. Their meticulous approach, from evidence gathering to courtroom presentation, is your best path to a fair resolution.

The Significance of Communication and Availability

Choosing the right personal injury attorney isn't just about their track record or how many cases they've won. It's also about how well they can talk to you and be there when you need them. Think of it like this: you're teaming up with someone to help you navigate a tricky situation. You want someone who listens, explains things in a way that makes sense, and is reachable when questions or concerns pop up. Good communication means they'll keep you updated on your case, breaking down the complex legal stuff into bits you can understand. Availability is just as critical. Your case is important, and feeling like you're always on the back burner is the last thing you need. A top-notch attorney makes time for you, whether it's to return a call or meet in person. So when picking an attorney, don't just ask about their wins. Ask about how they communicate and ensure they value being available for you. It can make all the difference in your experience and, ultimately, in your case's outcome.

Negotiating Settlements vs. Going to Trial

When it's time to get what you deserve after an injury, you'll face a big choice: negotiate a settlement or take things to trial. Negotiating a settlement is the road most traveled. It's quicker, less expensive, and less stressful than court. You and the other party hash it out and come to a number everyone can live with, often with your lawyer's guidance. This path keeps your story out of the public eye and wraps things up fast so you can move on.

Going to trial is the path less taken, but sometimes it's the only way to get what you truly deserve. It's a longer, more complex process where both sides present their case to a judge or jury. It can get expensive, with costs for everything from court fees to gathering evidence. There's also more risk because you're putting your fate in someone else's hands. But, if the other side’s offer is too low, taking them to court might be your best bet to get fair compensation. Remember, a skilled personal injury attorney can help navigate these waters, weigh the pros and cons, and guide you toward the best route for your situation.

Making Your Final Decision: Selecting the Right Attorney

When it's time to decide which personal injury attorney will represent you, think carefully. It's a big decision. You want someone who knows their stuff, cares about your case, and can get you the results you need. Don't rush. Instead, interview a few attorneys. Ask them about their experience with cases like yours, their track records, and how they communicate with clients. Notice how they talk to you. Do they listen? Do they explain things in a way you understand? These signals show if they're a good fit. Trust your gut feeling here. And finally, discuss fees. Understand how and when they expect to be paid. Remember, the right attorney believes in your case as much as you do and will work tirelessly to get you the justice you deserve. Choosing wisely could make all the difference. If you believe you have a personal injury case, call the law firm of Hammerman Rosen LLP for a free consultation.

Is Child Support Available for Children with Disabilities Past the Age of 23?

At Hammerman Rosen LLP, we often speak to divorced parents of young adult children with disabilities or special needs.  Those parents need to know how the revised child support law, updated in February 2017, impacts how “child support” awards are calculated once their young adult child with disabilities or special needs reaches the age of 23. 

As most would assume, under the law, a child with disabilities should not be emancipated “if the child suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent.” N.J.S.A. 2A:34–23. However, once a child turns 23 years old, there is a bright line rule requiring that “child support“ end. 

The relevant section for divorced parents of young adult children with disabilities or special needs is contained at N.J.S.A. 2A:17-56.67(a), which states, in pertinent part:

a child support obligation shall terminate by operation of law without order by the court when a child reaches 19 years of age unless (1) another age for the termination of the obligation to pay child support, which shall not extend beyond the date the child reaches 23 years of age, is specified in a court order; (emphasis added).

Thus, on its face, the law terminates “child support” at 23 years of age for all children, regardless of circumstance.   However, the reader should not conclude that support of the young adult child with disabilities or special needs will definitely end upon that child’s 23rd birthday.  The question is one of semantics.

While “child support” for all children in New Jersey will terminate upon 23 years of age, non-custodial parents of young adult children with disabilities or special needs can still be ordered to pay “maintenance” for those children.  “Child support” and “maintenance [for a young adult child with disabilities and special needs]” are different only in that “maintenance” is not enforceable through Probation and is not called “child support.”  Such Court Orders are still enforceable through the Family Court enforcement mechanism of filing, beginning with filing a motion to enforce litigant’s rights.

Therefore, non-custodial parents of young adult children with disabilities and special needs turning 23 should not assume that they will no longer pay money directly for their child’s maintenance, whether called “child support” or “maintenance.”   However, the burden is squarely on the custodial parent of the young adult child with disabilities or special needs to file a Notice of Motion in the Family Court of appropriate jurisdiction. 

This conclusion was supported in the recent decision Scarpa v. Scarpa, 2017 WL 1179843, at Footnote 2 (App. Div. 2017) which states that:

[t]he statute is applicable even when the child has a mental or physical disability. N.J.S.A. 2A:17–56.67(e)(2). However, if a parent needs to obtain financial assistance for a disabled adult child, the new statute allows the court to order ‘another form of financial maintenance for a child who has reached the age of 23.’

In all, the new law favors non-custodial parents of young adult children with disabilities or special needs as they will no longer need to fear the strong enforcement mechanisms previously provided by the Probation department once their child turns 23 years old.  Additionally, an adult child who suffers from a disability but is self-sufficient will ordinarily be considered to be emancipated. See Kruvant v. Kruvant, 100 N.J. Super. 107, 119 (App. Div. 1968).

Thus, if you are a divorced parent and your child has a disability or special need, or if you received a notice that “child support” will be terminating for your child, you should strongly consider hiring an experienced family law attorney to represent you.  We are eager to assist you in any complicated Family Court matter. 

The author, Matthew J. Rosen, Esq., is a family law attorney, family law mediator, and partner with Hammerman Rosen LLP.  

Presenting the Hammerman Rosen LLP Law Blog

Thank you for taking time out of your busy day to peruse the Hammerman Rosen LLP Latest News Legal Blog, and our website. 

I am Matt Rosen, inaugural Editor-in-Chief of the new law blog here at hammermanrosen.com.  

Why Blog?  Hammerman Rosen LLP is a small firm, and every attorney hour counts towards our bottom line; why then are we blogging? True, time spent blogging has a steep opportunity cost.  However, we have decided as a firm that blogging provides us with an important point of contact with you, our potential clients, judges or the court, the public, cops, whomever, etc.   So here we are!  We are proud of what we are doing as attorneys in our community, and, where possible and permissible by the ethics rules, we want to share it with you. 

As editor of this blog, I foresee our law blog as an electronic meeting place where each attorney at Hammerman Rosen LLP will provide some 21st Century content of some kind.  I would not want to limit us, or where this blog or firm is going, but I expect that this blog will contain articles containing free information and updates on the law.  Additionally, we will use this space to highlight our pro-bono work, client testimonials, and information on recent wins or settlements.  Please let us know you visited by “liking” or commenting on any article!

Thank you again for reading our blog, and we look forward to providing you with great content!

Matthew J Rosen, Esq. - Attorney at Law - Hammerman Rosen LLP

Family Law Case Study: Sometimes We Need a Consent Order

The practice of family law is deeply rewarding.  I get to impact the lives of families in crisis and sometimes make positive changes in children’s lives.  Below is a story of how good lawyering and preparedness allowed me to reach an agreement with my adversary.  It’s an example of how, by coming to an agreement, I was able to get my client more than he probably would have gotten in court:

Knowing when to agree is one of the essential skills of good lawyering.   Many think that because family law issues are so personal, their issue cannot be solved except in Court.  However, there are circumstances, such as in a child relocation out-of-state against a non-custodial parent’s wishes, where even the Court will probably not act absent agreement between the parties. 

In the late evening in October, a new client called us wanting help relocating his two children to a non-New-Jersey-bordering state.  He had this great opportunity to work out of state, but he would not go without his children. The mother of his children, the non-custodial parent, would oppose any relocation.   

I told the client that relocating children against a parent's wishes would be a difficult sell to any New Jersey judge.  However, having negotiated a price, I agreed to make an appearance on the motion he had already filed.

Knowing the law, I visited my new client and performed a through fact investigation.  I =remained skeptical of my client's ultimate ability to relocate because the law, N.J.S.A. § 9:2-2, plainly states that relocation is not allowed without a trial or the consent of both parents.  After reading the case law, I still believed my client would need a Consent Order to relocate with his child, because in New Jersey, there are twelve factors that play into a court's relocation decision, and my client only could meet a few.   

Somehow, I needed the child’s mother to agree to the relocation.  I needed to prepare a Consent Order and go to the hearing.  Checking in at the appearance, I approached my adversary with a fair Consent Order, and politely asked her to read it.   I then spoke with the court's case management team and mentioned that I prepared what I believed to be a fair settlement.   Interested, the clerk disappeared with the document, and I spent some time speaking to my client.

After several minutes passage and from nowhere, a court mediator appeared and wanted to speak to both parties, ushering us into a settlement conference room.  The mediator wanted to know, off the record of course, if it would be possible that a Consent Order could be signed based on the agreement I had proposed.  The Court saw my agreement was fair, and wanted us off its docket. 

A few tense minutes passed, we are able to break the ice, and I am able to earn the mother’s trust.  She has seen that I wrote a fair Consent Order to start off with, and she can tell I am being fair with her.   

Unbelievably, the mother eventually agreed to sign.  In a whirlwind of events, the judge finalized the Order, after what is called voire dire, and a child has been relocated starting immediately.  As a result, my client's life is changed forever. 

This result would not have been possible without preparedness, knowledge of the law, and skilled negotiation.  By the end of this interaction, I had leveraged the law to effectively represent my client, but I had also earned my adversary's trust, which trust made settlement a possibility.  Ultimately, being a lawyer should be a results driven business.  I didn't try this case.  I didn't drive up attorney's fees.  But I did solved my client's issue.  Sometimes agreement is the only way.

Matthew J. Rosen, Esq., - Attorney and Mediator at Hammerman Rosen LLP

Introduction to New Jersey Automobile Insurance

Originally, insurance was intrinsically coupled with marine exploration. Insurance was the means by which a merchant who lost a ship would be able to spread the cost of the loss among his other merchants. Collectively they were able to bear the loss, whereas individually it would have been unfeasible. 

Today, insurance has become a multi-billion dollar a year business. Automobile Insurance is one of the more widely purchased forms of insurance, and is concerned with protecting individuals against the all too common risk of loss in the form of car accidents which cause bodily injury and property damage. However, insurance premiums in New Jersey seem to be the undoing of all men who pay their premiums, rather than their saving grace.

Auto Insurance is a niche form of insurance. Unlike other forms of insurance, public policy dictates that everyone who maintains a motor vehicle on public roadways is required to maintain a basic policy with minimum liability coverage limits. N.J.S.A. 39:6A-3.2. You are able to elect a basic or a standard policy, depending on your individual needs, which can be appraised with the aid of a risk advisor, or broker. However, premiums in New Jersey have been skyrocketing and becoming less affordable for the average driver. Therefore, the New Jersey Legislature enacted the No-Fault Act of 1972 in an attempt to combat the increasing cost of automobile insurance.

 The enactment of the 1972 No Fault Automobile Insurance Legislation gave rise to Personal Injury Protection (“PIP”), or No-Fault Provisions. N.J.S.A. 39:6A-1 et seq. PIP provides that bodily injury and medical bills, including income continuation and funeral benefits, among other expenses are paid on behalf of the insured regardless of fault. However, the injured party relinquishes her right to pursue personal injury suits for non-economic damages in many scenarios.

The No-Fault act was successful in providing billions of dollars in compensation to victims of automobile accidents that would have otherwise been paid through health insurance, thus controlling health insurance premiums somewhat. N.J.S.A. 39:6A-1.1: Automobile Insurance Cost Reduction Act; legislative findings and declarations. However, the Act was largely unsuccessful in addressing the rising costs of automobile premiums. Therefore, the Legislature enacted the New Jersey Automobile Insurance Freedom of Choice and Cost Containment Act of 1984 again in an attempted to combat increasing automotive insurance premiums. This Act increased the medical expense threshold necessary to pursue a personal injury claim and created two different medical expense thresholds of $200 or $1500. In other words, insured who chose a $1,500 medical threshold had to incur at least that cost in medical expenses for them to have a viable personal injury cause of action. Insureds who elect the higher threshold paid a reduced premium.

However, these thresholds failed to have any noticeable impact on overall automobile insurance premiums. The major consequence was that victims of automobile accidents would seek extensive treatment so as to reach the requisite medical expense threshold, which led to millions of dollars in unnecessary medical treatment. It was only four years later that the Legislature again decided to re-address the issue.

In 1988, the Legislature created the first Verbal Threshold Law, stemming from the old medical expense threshold. The Statute outlined categories of personal injuries which would qualify to satisfy this verbal threshold. The court interpreted the verbal threshold in Owsin v. Shaw, 129 N.J. 290, 318 (1992). In Oswin, the Supreme Court held that a plaintiff had to “demonstrate objective medical proof of a serious injury and a serious impact on one’s life,” in order to pursue a personal injury cause of action. Id.  

Interestingly, the verbal threshold also applies to the automobile insurance policy of a foreign resident. Under N.J.S.A. 17:28-1.4 (the “deemer” statute), anyone who uses an automobile in New Jersey that is insured by a company that is authorized to do business in New Jersey will be subject to the verbal threshold. This accomplishes the public policy that suits for non-economic damages must be based on objective clinical evidence.

Then in 1998, the Legislature enacted the Automobile Insurance Cost Reduction Act (AICRA), codified at N.J.S.A. 39:6A-8. The act was designed to “establish an informal system of settling tort claims arising out of automobile accidents in an expeditious and least costly manner, and to ease the burdens and congestion of the state’s courts.” N.J.S.A. 39:6A-24. To achieve this end, the act modified the verbal or limited threshold which limits lawsuits for non-economic damages (pain and suffering) to those cases that are objectively deemed to involve serious injuries.

The new verbal threshold categories include (1) death, (2) disembodiment, (3) significant scarring or disfigurement, (4) loss of a fetus, (5) displacement fractures and (6) permanent physical injury. N.J.S.A. 39:6A-8. As the first five categories occur in less than 5% of all automobile accidents, the last category is most commonly utilized. AICRA created the requirement that these permanent injuries must be supported by a physician’s certification, based on objective clinical evidence and certified to a reasonable degree of medical certainty. N.J.S.A. 39:6A-8. This is the subject of many summary judgments which can quickly dismiss a personal injury case which is unsupported by a physician’s certification.

The verbal threshold has had an enormous impact on the practice of law for personal injury attorneys because it has made it increasingly difficult to obtain compensation for such damages, resulting from automobile accidents. However, it still arguably has not done anything to reduce automobile insurance premiums. The largest impact on reducing insurance premiums is that insureds may elect between levels of coverage custom fit for them and their automobile. The choice comes between a standard policy with minimum mandated levels of coverage, or qualifying individuals may elect a basic policy with even less coverage.

New Jersey mandates that all individuals maintain a standard insurance policy unless they elect a basic policy. N.J.S.A. 39:6A-3.2. The standard insurance policy includes bodily injury liability coverage in the amount of $15,000 per person and $30,000 per accident, and $5,000 in property damage coverage. N.J.S.A. 39:6A-3. Insureds may elect higher levels of bodily injury and property damage coverage at the cost of added premiums.

The standard automobile insurance policy must also include a personal injury protection plan which covers the insured for a minimum of $15,000 per accident, up to $250,000 per accident. N.J.S.A. 39:6A-4. PIP coverage is paid by your insurance company under your own policy. To be entitled to PIP coverage you must first be covered under a valid policy that provides PIP benefits for the named insured. And second, you must be able to prove that the injuries are casually related to the operation of an automobile. Interestingly, a bank teller at TD Bank sitting at her desk who is struck by an SUV that drove through the glass window is not covered under worker’s comp, but rather through the PIP coverage on her automobile policy, strangely enough.

The standard policy holder may, but is not required to elect, uninsured motorist coverage. Underinsured coverage applies to situations in which the tort-feasor has no insurance coverage; this happens most commonly as a result of hit and run accidents, or when one party is without insurance all together or is improperly driving someone else’s vehicle for which there is no insurance. Underinsured motorist coverage expectedly refers to when the dollar amount of a driver’s liability coverage is less than the dollar amount of the victim’s uninsured coverage. 

Step-down provisions seek to limit the amount of uninsured and underinsured motorist coverage limits. Pinto v. Manufacturers Insurance Company, 183 N.J. 405 (2005). The court in Pinto upheld the validity of step down clauses. In the event that your policy contains a step-down provisions, your insurance coverage may automatically “step-down” to state mandated levels in the event that someone other than the named insured is driving your vehicle, and in other instances as well. Olkusz v. Brown, 401 N.J. Super. 496 (App. Div. 2008)

The standard policy is not required to, but may encompass collision and comprehensive coverage. This provides coverage in the event you are found liable for an accident which causes damage to your own body or property. Each driver will still be covered for their injuries under the PIP benefits of their own respective policies.

All in all, custom tailoring of an insureds automobile policy is recommended. The policy must conform to mandatory minimum coverage limits and contain PIP benefits in order to satisfy the public policy that all drivers should be covered in the event of bodily injury. However, the overall limits of bodily injury, and property damage may vary among drivers. And drivers can select either a zero or a limited verbal threshold, which determines which injuries they can sue for. Driving without insurance not only leaves you unprotected, but also everyone else on the road. It is important to carry adequate insurance, and PIP, to serve the public policy that everyone on the road is protected immediately following any accident. The insurance companies can battle over reimbursement issues after the fact. 

Written by attorney Marvin J. Hammerman | Hammerman Rosen LLP