NJ Personal Injury Attorney Archives /category/nj-personal-injury-attorney/ Your NJ Supreme Court Board Certified Trial Attorney Sat, 17 Aug 2024 13:24:47 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 Time Limitations for NJ Personal Injury Cases /time-limitations/ Sat, 23 Sep 2023 03:09:45 +0000 /?p=4637 If you’ve been hurt through the negligence of someone else, you have a right to seek compensation for your injuries – but the span of time you have to act is limited.

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If you’ve been hurt through the negligence of someone else, you have a right to seek compensation for your injuries – but the span of time you have to act is limited. New Jersey law allots injury victims a fixed span of time to seek legal remedy for the harm caused by another’s actions or failure to act. This restriction is referred to as the statute of limitations. You may have heard of this concept in reference to criminal acts, and how long after a crime has been committed the guilty party may be charged. The same concept applies to civil lawsuits: after the incident that caused the damages, the victim only has a certain length of time during which they may file a lawsuit before the statute of limitations elapses.

Time limitationsKnowing this, insurance companies will sometimes try to run out the clock on injury claims, dragging out their claim investigation until you are no longer eligible to sue. This is one of the many reasons why it’s important to work with an experienced personal injury attorney from the very beginning of your case; your lawyer can file the necessary actions to initiate a lawsuit while you are still waiting for the insurance company to decide on your claim. Filing a lawsuit doesn’t limit your options in any way – if the insurance company accepts your claim and agrees to pay you a satisfactory sum, you can always drop the suit. In fact, beginning the lawsuit process may show the insurer that you and your attorney are serious about getting the fair compensation you deserve, and that you can’t easily be steamrolled by their legal tricks.

So exactly how long is the statute of limitations for a civil lawsuit in New Jersey? The short answer is two years for personal injury cases, such as might result from automotive accidents, slip and fall incidents, or medical malpractice, and six years for contract claims such as Uninsured Motorist (UM) and Underinsured Motorist (UIM) claims. The long answer is more complex. There are certain exceptional circumstances that may extend or delay the statute of limitations, “pausing the clock” on the countdown of your eligibility to sue. There are also certain conditions that obligate you to act much more quickly in order to preserve your right to sue at all.

If the negligent party responsible for your injuries is a public entity, government organization, body, or employee, you are required to act promptly – within 90 days of the incident that caused your injuries – by filing a claim for damages with the appropriate government agency. Your attorney will know how to obtain this paperwork and where to submit it. Under these circumstances, you may not begin the process of filing a lawsuit for six months – after the Tort Claims Notice is filed, though the two-year statute of limitations still applies, further limiting your window of opportunity to file suit.

There are a few situations that may extend the statute of limitations, either by causing the clock to start counting down from a point other than when the injuries were first inflicted, or by suspending the countdown of the two-year time frame. An example of the first type is when the victim’s injuries are not apparent right away, or the fact that those injuries were caused by another party’s negligence is discovered at a later date. This circumstance often arises in cases of medical malpractice, as either the injury itself or the medical provider’s culpability in causing it is often not discovered until sometime after the initial injury occurs. It is, however, incumbent on the victim to prove that they couldn’t have discovered the injury any earlier.

If the victim knows about their injuries, there are a few reasons why the statute of limitations may be delayed, freezing the countdown on their right to sue. First, the injury victim is a minor. Sometimes a parent or guardian might sue on a minor child’s behalf, but the child has no control over whether or not this happens, so the law allows them the opportunity to sue in their own right if compensation has not been sought. The statute of limitations doesn’t start running until the injured minor turns 18 years old. Additionally, juveniles have 2 years from their 18th birthday to file a complaint for a personal injury negligence matter.

Similarly, if the victim sustains a disability or is legally declared mentally incompetent, the statute of limitations does not begin to elapse until the disability ends or they are deemed competent again. The third case occurs when the negligent would-be defendant in the lawsuit leaves the state of New Jersey before the victim is able to file suit. If this happens, the victim’s attorney will need to submit an affidavit declaring that it was impossible to complete service of process due to the defendant’s absence, and the statute of limitations will be tolled for the duration of the time the defendant is out of state and unavailable to be served.

Contact MyNJInjuryLawyer Howard P. Lesnik

If you or a loved one suffered an injury in an accident in NJ, you should contact an attorney familiar with handling these claims. An will know how to obtain medical records, videos, photographs, experts, locate witnesses and contact the insurance company so you can make a claim for your injuries.

My NJ Injury Lawyer Howard ϳԹ. offers complimentary strategy sessions to address any issue or questions you may have for your injury claim in NJ.

Please contact NJ Injury Lawyer Howard Lesnik, Esq., immediately if you were involved in an accident. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session. Call me direct and I will answer 5 questions that you have about your potential claim.

Guide - How to Choose an Attorney for your NJ Personal Injury Case

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NJ Experienced Car Accident Attorney Howard P. Lesnik Educates Victims of NJ Car Accidents with New Book /nj-car-accidents-guidebook-publication/ Mon, 10 Jul 2023 18:52:58 +0000 /?p=4554 New Guidebook on Car Accidents Published by Attorney Howard ϳԹ. As a public service, Howard ϳԹ. has published the New Jersey Car Accident Guidebook. The book is based on Mr. Lesnik’s extensive experience in personal injury claims and his dismay at insurance adjusters’ manipulative tactics. He has made the book available «more»

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New Guidebook on Car Accidents Published by Attorney Howard ϳԹ.

As a public service, Howard ϳԹ. has published the New Jersey Car Accident Guidebook. The book is based on Mr. Lesnik’s extensive experience in personal injury claims and his dismay at insurance adjusters’ manipulative tactics. He has made the book available to anyone who wants to protect themselves and family and make the best financial decisions regarding their car accident injury case.

“Most people incorrectly assume that if they are injured in a car accident caused by another person, that person’s insurance will cover any of their medical expenses that result from the accident,” Mr. Lesnik reports. “However, insurance coverage in NJ is more complicated”, he adds. This car accident guidebook provides an insider’s view of what you need to know about car accidents in New Jersey, what you need to do, and why.

The Guidebook helps people who are injured in car crashes due to the negligence of another person to make sure they receive the medical treatment they need, their medical bills are paid, and they are compensated for any permanent injuries. The Guidebook provides independent, unbiased explanations that are critical in states like NJ where insurance companies are protected by state statute from fault and profit from poorly structured car insurance policies.

The New Jersey Accident Guidebook has been released in July to prepare families facing car accidents, especially resulting from inexperienced drivers on New Jersey roads during summer school breaks. Several young people have gotten new drivers licenses. July is also a good time to review a family’s insurance coverage, prior to family road trips, and summer break for high school and college students.

Copies of the New Jersey Car Accident Guidebook can be requested online.

In addition to his personal injury practice, Mr. Lesnik has been board certified as a trial attorney by the Supreme Court of New Jersey in criminal defense – an honor attributed to only 2% of the 75,000 registered NJ lawyers. Mr. Lesnik is a graduate of Seton Hall University School of Law and specializes in personal injury and criminal defense litigation. His practice is in Mountainside NJ.

Mr. Lesnik works with clients from beginning to end of their case – from their initial phone call, all the way through negotiations, settlements and trials, when necessary. His dedication to his cases is widely praised by past clients.

Attorney Howard P. Lesnik has been certified as a member of the Million Dollar Advocates Forum. This Forum acknowledges his excellence in advocacy, especially for those who have been seriously injured as a result of negligence. Mr. Lesnik has settled numerous cases in the hundreds of thousands of dollars, defending victims of dog bites, commercial vehicle accidents, and highway accidents, including out-of-state drivers on the NJ Turnpike.

About Howard P. Lesnik, NJ Personal Injury Attorney
Howard ϳԹ. handles personal injury and criminal defense cases throughout New Jersey. He is a certified trial attorney by the Supreme Court of NJ. More information on Howard P. Lesnik is available at /

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Serious Truck Accidents In New Jersey /truck-accidents/ Wed, 24 Feb 2021 15:42:43 +0000 /?p=4110 Truck accidents can be the most serious and devastating accidents to be involved in. When you first begin the process of seeking compensation for your injuries after a truck accident, the insurance adjuster representing the trucking company will most likely try to convince you that you don’t need a lawyer. The insurance company may tell «more»

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Truck accidents can be the most serious and devastating accidents to be involved in. When you first begin the process of seeking compensation for your injuries after a truck accident, the insurance adjuster representing the trucking company will most likely try to convince you that you don’t need a lawyer. The insurance company may tell you that hiring a lawyer is unnecessary and expensive, or that your claim will be resolved more quickly and efficiently if you don’t “go to the trouble” of getting a lawyer. In reality, however, injured victims and plaintiffs who work with an attorney receive more money and compensation for their injuries than accident victims do not engage a lawyer. The insurance company would prefer you try the claim process on your own and without a lawyer in the hope that your inexperience and the stress of your injuries will render you overwhelmed and easier to take advantage of. Insurance companies want to pay nothing, or as little as possible. They believe if you don’t have a lawyer, you can be convinced to go away or settle cheaply.

 

Serious Truck Accidents In New JerseyOne of the most important tasks that your attorney will perform for you is interacting with the insurance company. Once you have retained a lawyer, the insurance company must direct all communication through the attorney. Not only does this remove a significant source of stress and allows you to focus on getting better. It prevents the truck’s insurance adjuster from tricking you into saying something inadvertently damaging to your case (which he will be recording as evidence). When you do need to provide information to the insurance company – in the form of a statement, response to interrogatories, a deposition, or by submitting to a medical examination by a doctor on the insurance company’s payroll – your attorney can either be present or help you prepare, letting you know what to expect and how to avoid the insurance company’s traps.

Your lawyer will handle all the administrative and bureaucratic details in connection with your injury case, which can often be daunting to anyone without experience. He will initiate the process of filing a lawsuit, securing your right to sue in the event that settlement negotiations break down, and file any necessary documents with the court. He can also help deal with any snags regarding your health insurance, Medicaid, or Medicare, ensuring that your medical bills are paid, and your treatment is uninterrupted.

Gathering the evidence necessary to build your case can be a complex and time-consuming process. Your attorney should handle all of this for you.  It is essential to begin working with a NJ personal injury lawyer as soon as possible – so the evidence is still available, and events remain fresh in the minds of witnesses. Your lawyer will obtain a copy of the police report from your truck accident, get interviews of any witnesses, and gather any photographic and video evidence available. Photographs of your vehicle, the accident site, and even your injuries may be essential to proving key points in your case, and the information contained in such photographs is highly time-sensitive and must be captured before any changes occur. Police officers may have body worn camera video that your attorney can obtain. Your attorney will also collect any other documents needed to support your case and assemble a list of questions for the truck driver to answer.

The most important role that your attorney may play in your injury case is in fighting for a successful resolution involving fair compensation for your injuries. This means negotiating a settlement directly with the insurance company. The settlement negotiation process is generally quicker than a trial, though it can still time to resolve. Your attorney will need to convince the insurance adjuster that compensating you adequately is less risky for the insurance company than allowing the case to go before a jury. The evidence that your lawyer has collected for a possible trial will come into play here, as your attorney argues the strength of your case and the likelihood that the insurance company could suffer a costly defeat in court. Insurance adjusters are professional negotiators and have a vast repertoire of rhetorical tricks to convince you that your claim is weaker than it actually is, or that an unreasonably-low settlement figure is the best you can expect. Having an experienced NJ personal injury lawyer on your side of the negotiating table is an invaluable asset in the settlement negotiation process, equalizing the scales of justice.

If direct negotiation fails, your lawyer’s experience becomes even more vital. Some cases will go through mediation or arbitration – more formalized negotiation processes intended to resolve an injury case without a trial. Both processes involve an impartial third-party with legal experience helping the process along; in mediation, that third party acts as a facilitator, while in arbitration he or she takes the place of a judge and jury. If your case makes it into the courtroom, your attorney takes center stage once again, presenting your case through the evidence he has collected and fighting to win you the fair compensation you deserve.

Contact MyNJInjuryLawyer

If you or a loved one suffered an injury in a truck accident in NJ, you should contact an attorney familiar with handling these claims. An will know how to obtain medical records, videos, photographs, experts, locate witnesses and contact the insurance company so you can make a claim for your injuries.

My NJ Injury Lawyer Howard ϳԹ. offers complimentary strategy sessions to address any issue or questions you may have for your injury claim in NJ.

Please contact NJ Injury Lawyer Howard Lesnik, Esq., immediately if you were involved in an accident. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.

How to Choose an attorney for NJ Personal Injury Cases

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Somerset County NJ Injury Lawyer /somerset-county/ Tue, 29 Dec 2020 05:48:59 +0000 /?p=4080 Somerset County, New Jersey, is situated right in the middle of the State of New Jersey but is also considered a part of NYC Metro area.  According to recent studies, it was listed as the second wealthiest county in New Jersey and the third healthiest county! Somerset County is known for its close proximity to «more»

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Somerset County, New Jersey, is situated right in the middle of the State of New Jersey but is also considered a part of NYC Metro area.  According to recent studies, it was listed as the second wealthiest county in New Jersey and the third healthiest county!

Somerset County is known for its close proximity to trains and many highways, making it easily accessible for both commuters and travelers to and from New York City.  The County seat is in Somerset, NJ.  A large number of people travel throughout Somerset County. Packed and busy highways run through Somerset County, including the Route 78, Route 287, and Route 22. These highways are always filled with cars and trucks traveling high speeds and are susceptible to traffic jams during rush hours.  Accidents happen every day in Somerset County. Drivers and passengers injured in crashes in Somerset County are entitled to compensation for their injuries caused by negligent drivers.

Somerset County NJ Injury LawyerAt My NJ Injury Lawyer, Howard ϳԹ, handles personal injury accident claims on behalf of his clients for all serious personal injury claims.  My firm has vast experience in representing victims who suffer injuries due to another party’s fault. I personally handle all my client’s claims from the beginning until their case is resolved. I also maintain contact with my clients even after their case has settled and am available for any legal question they may have in the future.

Personal Injury Claims

No one wants to be injured in an accident caused by another party.  Injuries can change someone’s life forever.  When this occurs, people are entitled to receive reasonable compensation for their damages, pain and suffering and loss of enjoyment of life. Permanent injuries never go away, so it is crucial that victims receive monetary compensation for their damages, injuries, pain, suffering, and medical bills.

Car Accident Claims

Motor vehicle accidents happen in New Jersey. When an accident is caused by another driver’s fault, you may be entitled to receive money for your permanent injuries. Accidents in New Jersey can be caused by driver inattention, careless and reckless driving, and even road rage. Victims of car accidents in Somerset County need a lawyer who is experienced in negotiating with insurance companies.  Insurance companies will try to delay and pay as little as possible. Make sure you consult with a serious lawyer if you are seriously injured.

Motorcycle Accident Claims

Motorcycles accidents in New Jersey are extremely serious. Somerset County has many rural and flat roads that are popular for motorcycle riders. Motorcycles are at the mercy of other drivers on the road. Many drivers simply do not pay attention to motorcycles, and this can lead to serious accidents. Many drivers resent motorcycles and do not share the road. Sometimes drivers change lanes or turn without looking for motorcycles which can lead to a serious accident. If you are injured in a motorcycle accident in Somerset County, you must consult with a Somerset County motorcycle attorney.

Truck Accident Claims

Truck accidents happen all too often in Somerset County and can lead to serious injuries or even death. Trucks carrying large trailers with heavy cargo can have speeding drivers trying to reach their destination on time. Truckers drive without resting, sleeping, or inspecting their truck before each trip. Rest stops in New Jersey do not have sufficient spots for all truck drivers to sleep during long hauls. Exhausted truck drivers can cause truck accidents with significant consequences. Anyone injured in a truck accident should consult with a Somerset County truck accident attorney.

Pedestrian Accidents

Pedestrian accidents are frequent in Somerset County. It can happen to pedestrians no matter how careful they are. Every time drivers fail to yield to pedestrians and hits  someone they can be seriously injured. People who are hit by cars can suffer head injuries, broken bones, or even death. Injured pedestrians are entitled to receive necessary medical treatment and money for their pain, suffering and loss of enjoyment of life. Consulting with a Somerset County personal injury attorney after a pedestrian accident is a important for all accident victims.

Premises Liability Claims

Every person who enters a business must be kept safe from hazardous and dangerous conditions on the property. Business owners must keep their stores and their property safe.  This means businesses are also responsible for keeping their sidewalks safe. Business owners have a duty to keep all property, including sidewalks and parking lots, clear from any danger that they are aware of or should be aware of. If you are injured a store or commercial property – no matter how big or how small the store – you must consult with a Somerset County personal injury attorney to learn if you can be compensated for your damages, personal injuries and losses.

Dog Bite and Dog Attack Claims

They say dogs can be your best friend. That is until someone’s dog bites you. The owner of the dog is completely responsible for all injuries whenever a dog bites someone. This means the dog owner is responsible even if the owner did not know they dog would bite someone. The dog owner is responsible regardless of the breed of the dog. It does not matter if the dog is a large Pitbull, a Rottweiler or a little teacup designer dog.  If you suffered any injury from dog bite, you need to have a strategy session with a Somerset County personal injury attorney to discuss your claim for any injuries sustained from dog bite.

Wrongful Death Claims

Wrongful death claims compensate a family for the loss of a loved one. You can never be truly compensated for the loss of a loved one.  When a victim dies due from another party’s negligence or wrongful action, the estate may file claim on behalf of the decedent. The heirs of the decedent can file a wrongful death action on behalf of the estate. A Somerset County personal injury attorney can file a claim on behalf of the estate of the decedent to compensate the family in wrongful death claims. This compensation can hold the party responsible and bring the family some closure.

Top Somerset County College:

Raritan Valley Community College, 118 Lamington Road, Somerville NJ 08876, Phone: 908-526-1200. Website: . Enrollment: 8,214. Tuition: $6,052

Somerset County Highways:

Route 78

Route 287

Route 22

Hospitals and Medical Centers in Somerset County, New Jersey

  • Robert Wood Johnson University Hospital, Somerset, 110 Rehill Avenue, Somerville, New Jersey 08876. Phone: 908-685-2200. Website:
  • Hunterdon Medical Center, 2100 Wescott Drive, Flemington, NJ 08822. Phone: 908-788-6100. Website:

Somerset County NJ

Points of Interest

  • Duke Farms. 1112 Dukes Parkway West, Hillsborough Township, NJ 08844. Website:
  • Sourland Mountain Preserve, 421 East Mountain Road, Hillsborough Township, NJ 08844. Phone: 908-722-1200. Website:

Contact MyNJInjuryLawyer

If you or a loved one were involved in an accident in Somerset County, NJ, you should contact an attorney familiar with handling these claims. My NJ Injury Lawyer Howard ϳԹ. offers free strategy sessions to address any issue or questions you may have your accident claim in Somerset County, New Jersey.

Please contact , immediately if you were involved in an accident. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, to schedule your complimentary 30-minute strategy session.

How to Choose an attorney for NJ Personal Injury Cases

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Calculating the Bottom Line in Your Personal Injury Case /calculating-your-personal-injury-case/ Tue, 24 Nov 2020 15:46:29 +0000 /?p=4059 Congratulations – your attorney has called to notify you that you received a settlement offer on your personal injury case. But how much of the settlement ends up in your pocket? It’s your case. You’re being compensated for your injuries and expenses.  How much of the settlement do you get to take home? It may «more»

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Congratulations – your attorney has called to notify you that you received a settlement offer on your personal injury case. But how much of the settlement ends up in your pocket? It’s your case. You’re being compensated for your injuries and expenses.  How much of the settlement do you get to take home?

calculating your personal injury case

It may seem like forever since you were injured. In order to be compensated for your damages, you retained a personal injury lawyer. Your attorney handled the claim with the insurance company. During that, you’re the one who was hurt and left injured. You’re the one who went to all the doctor appointments. You may have missed work. You had to live with the pain every day. You had to follow-up with more doctor visits. When your attorney calls to tell you the insurance company wants to make an offer, you may finally feel like you reached the finish line after a long race. The insurance company can never put you back to the way you were before the accident. So they offer the next best thing. Cash. But how much cash do you keep from your settlement? You need to make sure you know the bottom line before you ever agree to any settlement offer.

If your case settles, the insurance company will send your attorney a Release. This is an important document. It releases all your claims for your personal injury case forever. You can never re-open your personal injury claim after it settles, and you sign the Release.

Your attorney must prepare a closing statement – called a settlement statement, to account for all the costs, expenses and liens that you must pay out of your settlement. Make sure your attorney sends you a copy of the settlement statement before you sign the Release.

A personal injury attorney does not require that you pay any money when you sign the retainer agreement. Many attorneys advertise: No fee unless you receive a settlement or monetary award. This is because your attorney’s legal fee is contingent on your settlement. In other words, if you do not receive compensation, you will not have to pay your attorney. In New Jersey, court rules allow attorneys charge a contingency fee – which is a percentage of your settlement amount. However, before the legal fee is calculated, the attorney first deducts all expenses from the gross settlement amount.  Attorneys are reimbursed for legal expenses for medical records, investigation, court costs, filing fees, expert medical and liability witnesses, and deposition transcripts fees. Once the legal expenses are deducted, then the attorney fee contingency fee is calculated.

After the attorney fee is calculated, the attorney is required to pay any outstanding medical bills, health insurance liens and Medicare and Medicaid liens.  These amounts are all deducted before you are compensated for your personal injury claim. This is how you arrive at the bottom line on your settlement.

For example, if your attorney tells you that the insurance company wants to settle your case for $50,000, you may think that the attorney gets one-third and you get the rest. However, if the attorney advanced $5,000 in expenses, then your net settlement would be $45,000. After the one-third legal fee, you would net $30,000. However, you need to know if there are any liens or outstanding bills. If your health insurance company or Medicare has a $20,000 lien, you would only be left with $10,000 from a $50,000 settlement.

Every check, expense, bill and lien is required to be accounted for on the settlement statement. And, most importantly, it lets you know who much you keep from your personal injury settlement. If you have any questions about any costs or expenses, make sure your attorney explains all payments. The attorney must have receipts for all expenses and medical bills and liens for your case.  After you review the settlement statement, if the settlement does not fairly compensate you for your injuries, you should not agree to the offer.  Once you are satisfied with the settlement statement and sign the Release, your personal injury case will finally be over. There should not be any surprises when you receive your settlement check.

Make sure you know how much compensation you will receive for your injuries before ever agreeing to a settlement and signing a Release!

Contact MyNJInjuryLawyer

If you or a loved one is injured in an accident in NJ, you should contact an attorney familiar with handling these claims. An will know how to conduct an investigation and contact the insurance company so you can make a claim for your injuries.  My NJ Injury Lawyer Howard ϳԹ. offers free strategy sessions to address any issue or questions you may have about your accident claim in NJ.

Please contact NJ Injury Lawyer Howard Lesnik, Esq., immediately if you were involved in a NJ accident. I personally handle NJ personal injury cases on a regular basis. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.

Guide: How to Choose an Attorney for your NJ Personal Injury Case

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