Common Questions in Personal Injury Cases

Q. I was in an accident and need a lawyer but I do not have the money to pay legal fees. What should I do?

A. All of our fees are on a contingency basis. This means you do not have to pay any fees unless we recover money for you. All you have to do is contact us for a free consultation today.

Q. I was seriously hurt in a motor vehicle accident but I have the limitation of lawsuit option on my own car insurance. Can I still bring a claim against the other driver who caused the accident?

A. You may bring a claim, even if you have the limitation of lawsuit option on the insurance policy covering your household, if your injury is permanent in nature and your treating doctor certifies that your injured body part or system will not heal to normal function with further treatment. Also, if you have significant scarring or a displaced fracture you may bring a claim without regard to the lawsuit option of your household automobile insurance policy.

Q. Why does my insurance company pay most of my medical expenses for treatment I need when the other driver was at fault?

A. In New Jersey, we have a system chosen by our legislature which is designed to encourage the prompt payment of medical treatment expenses incurred as a result of expenses from an auto accident. Unless you opt out of this benefit, your "personal injury protection" component of your insurance policy will pay 80% of the initial $5000.00 of approved medical expenses you incur after an initial $250.00 deductible. There is 100% coverage thereafter until you reach a maximum benefit of $250,000.00 in approved medical or other health care expenses. Therefore, this benefit is to be paid regardless of who was at fault in the accident. However, after a period of ten days has expired since your accident, all treatment your doctor proposes must be pre-submitted to your insurance company for "pre-certification" to avoid co-payment penalties or non-payment of the expenses incurred. We will assist you with this process.

Q. Once you determine that I have a claim for personal injuries how long will by case take to be resolved?

A. This depends on when you have completed treatment, when your doctors provide us with information, including reports, required to process your claim, and if a lawsuit must be filed to resolve your claim, whether the other party or his insurance company is willing to settle your claim on a fair basis which is acceptable to you. We will advise you of all offers we receive to settle your claim as well as our opinion as to whether the offer should be accepted. While most valid claims are resolved without a trial, either you or the other party may decide that a trial is desirable and that a jury should determine how much, if anything, you should receive.

Common Questions - Family Law

The following questions are commonly asked during a consultation with our family law attorneys, Robert E. Goldstein and Steven Kropf. We would be happy to have you consult with us on your case.

Q. I want a divorce. Do I need to have any particular grounds against my spouse?

A. Yes. In New Jersey, there are several grounds for divorce established by our legislature. New Jersey now permits the filing of a divorce action based upon a irreconcilable differences between the spouses which have caused a breakdown of the marriage for a period of six months which make it appear that the marriage should be dissolved and there is no reasonable prospect of a reconciliation.  No actual separation of the spouses is required before filing on such grounds. In addition, if you have been living separately from your spouse in different residences for 18 or more months and there is no reasonable prospect of reconciliation, you may file for divorce based upon those facts. Otherwise, you must establish certain "fault" grounds such as physical and mental cruelty or desertion for at least a year. We can advise you if you have adequate grounds for a court to grant you a divorce, even if your spouse chooses to contest the grounds.  The grounds for divorce under New Jersey law will also apply to people who have chosen to enter into civil unions.

Q. My spouse has most of the assets acquired during our marriage in his/her name? Can I receive my fair share of those assets?

A. Yes. New Jersey is an equitable distribution state which permits a fair distribution of all assets acquired during the term of the marriage, regardless of ownership. There are a number of factors which our courts must consider in determining what a fair distribution of the assets should be, including the length of the marriage, the economic and non-economic contributions of each spouse during the marriage and the effect of a distribution of the assets on the ability to pay or receive alimony and child support. There are certain assets which are exempt from distribution, such as inheritances kept solely in the name of the spouse receiving the inheritance.

Q. Can you tell me the amount of alimony and/or child support which I can expect?

A. Alimony is obtained in New Jersey when there is a significant disparity in the earning ability of the spouses. Alimony can be rehabilitative in nature or for a limited term. It may also be ordered on a permanent basis (without a fixed termination date) in certain cases, especially where the marriage is of many years duration and one spouse has been dependent on the other for support for most of the marriage. Alimony must be either negotiated or a judge will decide this issue. You can benefit from the services of experienced attorneys like us, with over 30 years of experience, in negotiating this issue.

Child support is usually determined by following the child support guidelines established in New Jersey. However, a judge has the ability to deviate from the guideline amounts for various reasons. We can analyze and advise you as to what the proper amount of child support is in your particular case.

Q. Do I have to agree to joint custody of my children?

A. There is a presumption under New Jersey law that joint legal custody is in the interest of the children of a divorcing or separating couple. The actual parenting time to be spent by each spouse is always guided by the children's best interest and is a frequently negotiated item in any divorce settlement. If you do not believe that your spouse should have joint custodial rights, we will develop all of the facts with you to give you a proper recommendation of what a judge is likely to decide in a contested custody action. This will help you decide the advisability of going to trial, mediating or negotiating an appropriate parenting arrangement with your spouse.