PIP Benefits Do Not Limit Medical Expense Recovery

November 9, 2016

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…

Prove What Caused the Slip in Personal Injury Slip and Fall Cases!

November 4, 2016

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Anderson v. Stop and Shop Supermarket, N.J. Super. App. Div. (per curiam) (8 pp.) Following a slip and fall at defendant’s store, plaintiff filed a complaint seeking compensatory damages. After the completion of discovery, defendant moved for summary judgment, arguing that plaintiff could not prove that defendant…

Slip and Fall Dismissal Due To Net Opinion | Anderocci v. Coach Inc.

October 28, 2016

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiffs’ case becomes another slip and fall dismissal due to their expert’s net opinion and no facts specifically identifying the hazardous condition on defendant’s property. Anderocci v. Coach Inc. In this case plaintiffs went to the Coach store located in the Short Hills Mall.  While reaching…

When and Why Expert Opinion is Needed in Negligence Cases

September 22, 2016

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…

What You Need to Know to Successfully Bring a Slip and Fall Case Against a Public Entity

September 7, 2016

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…

What did my attorney do to get my case dismissed?

September 2, 2016

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…

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

September 2, 2016

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…

Why Did My Attorney Hire an Expert and Spend So Much Money on My Case?

August 21, 2016

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…

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

July 23, 2016

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…

Slip and Fall Injuries – Ice on Sidewalk

May 30, 2016

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. PERSONAL INJURY 31-2-9329 Ilg v. Meade, N.J. Super. App. Div. (per curiam) (13 pp.) Plaintiff Pietra Ilg instituted a suit against her neighbors, defendants Tom and Patricia Meade, for injuries she sustained when she fell on or about defendants’ property while walking to defendants’ home. Finding that plaintiff…