Why hire a lawyer for a family law case?

Although family cases like divorce, child custody case etc may not turn out to be as grave as a criminal case, the people facing the trials still have to face the harassment and their lives may be changed for ever. Family cases like child custody, divorce, alimony etc often bring with them a lot of mental torture and hassles and if by chance the case gets entangled up with a case like domestic violence, the accused often ends up in jail and paying a hefty amount as compensation and support for the spouse. All these things can made family law New Jersey cases a lot more difficult to handle and manage and it is simply impossible to win a family law case without the help of a seasoned family law lawyer. Mentioned below are some reasons which would validate the necessity of an expert lawyer for handling a family law case.

Establishing truth:

Many family law cases like alimony, domestic violence, child custody, adultery etc come with many false claims and accusations and it is extremely important to prove the invalidity of these accusations in order to win these cases. Conversely, the victim may also be endangered and may not be able to handle the accusations himself or herself. This where the role of a lawyer comes in. A good family law lawyer is capable of finding the facts by sourcing them from the investigators or challenging for or against the accusations to establish the truth of the case.

Right guidance:

A family law New Jersey case, no matter how simple it is, cannot be won without the guidance of an expert legal advisor. This is because, legal activities within a court room and outside it are often too confusing and complicated for a normal person to understand. Only e trained and practicing lawyer can help tackle a case and guide his or her client to the right direction, so that they don’t mess up the case anymore. Apart from that, it is also considered a foolish task to do or say anything to a legal authority like police officers, without consulting with a legal practitioner. This is because, even a simple statement but a wrong one, may make a person getting locked behind the bars.

For bargaining:

Most family law New Jersey cases accompany bargaining for deals whether it is related to child custody or alimony. While the receiving party may demand any amount of money without considering the financial status of a person, it is then the family law lawyer who comes into the scenario to bargain the deal with reason and win the case for his or her client.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Family Law Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

Tips to hire a Dui/Dwi lawyer in New Jersey

DUI or DWI are acronyms for the terms Driving Under Influence and Driving While Intoxicated. These two terms are often associated with traffic violations in which a person is accused or is found guilty for driving while being in under the intoxication of alcohol or drugs. This is regarded as one of the most severe traffic violation crimes and may also be termed as criminal law New Jersey if the person commits some criminal offenses like hurting or killing some other person in the act. This charge is thought to be enough to change a person’s entire life, considering the fact that the person ends up losing his driver’s license, serving jail term or performing community service and getting his or her name enlisted in the records of the law. Hence, it is extremely important to hire a DWI/DUI lawyer in order to get out of the charges that have been filed against the offender and to escape with more lenient penalties. 

Avoid a general lawyer

One of the most common mistakes that an offender or the family of an offender of DUI or DWI case does is to hire a lawyer who is the not the expert in his or her field. DUI and DWI cases are much more different than any other types of traffic violation or criminal cases according to the criminal law New Jersey. Hence, it is always recommended to hire a lawyer who is solely dedicated to this field and is perfectly updated to the alterations and up gradations made in this field of law. 

Search for professionalism

A lawyer should be extremely professional in his or her approach, by which it doesn't mean that a lawyer wearing perfect lawyer clothes and featuring an attitude like a lawyer will be the best one. By professionalism, it means that you should see whether how much dedication the lawyer has towards your case and he or she also should not make assumptions and promises about the outcomes of the case just to put the offender or his or her family in a comfort zone. 

Who handles the case

This is another important point that the family members or the offender should pay heed to. Despite  hiring a good and expert lawyer people often lose their cases on criminal law New Jersey as the lawyers often send their assistant advocates to handle the case. Hence, it should be confirmed whether the hired lawyer will handle the case personally or with the help of some of his or her juniors. 

For Further details Visit: NJ Traffic Violations Lawyer or contact DUI & DWI Lawyer in New Jersey here:  The Law Office of Marc B. Schram, P.C. Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730. Phone: (732) 888.4400

New Jersey Prenuptial Agreements

A prenuptial or premarital agreement is an agreement between a couple considering marriage, wherein each parties’ rights and obligations concerning property division and spousal support, in the event of a divorce or death, are determined prior to the marriage. In New Jersey, prenuptial, or ante nuptial, agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act., N.J.S.A. 37:2-31 et seq. The Act requires that a prenuptial agreement be in writing, contain a list of assets, and be signed by both parties. It provides that the agreement becomes effective upon the marriage or establishment of the civil union of the parties, and is enforceable without consideration. It also provides that the parties to a premarital or pre-civil union agreement may contract regarding:

1. The rights and obligations of the parties in any property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The modification or elimination of spousal or one partner in a civil union couple support;
4. The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
5. The ownership rights in and disposition of the death benefit from a life insurance policy;
6. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of public policy.

A premarital or pre-civil union agreement clause, which adversely affects child support, will be unenforceable, according to the Act. Parties to the agreement may amend or revoke the agreement in writing at any time. Any revocation or amendment must be signed by both parties, and is enforceable without consideration.

A premarital or pre-civil union agreement may be set aside if the party alleging that the agreement is unenforceable proves by clear and convincing evidence that the party executed the agreement involuntarily, the agreement was unconscionable at the time enforcement was sought, or that the party, before execution of the agreement:

1. Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party; 
2. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
3. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
4. Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.

A premarital or pre-civil union agreement that otherwise would be enforceable, will be so only to the extent necessary to avoid an inequitable result, should the marriage or civil union of the parties be determined to be void. 

Source:

LexisNexis, N.J.S.A. 37:2-31 et seq.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Divorce Attorneys here: 3 University Plaza, Suite 350 Hackensack, NJ 07601

Telephone: (201) 771-1808

Removing Minor Children from the State of New Jersey

New Jersey law provides that when the Court has jurisdiction over a child of parents who are divorced, separated, or living separately, and the child has resided in the state for five years, or was born within the state, a parent cannot remove the child from the state without the consent of the other parent or the Court.  A parent seeking approval of the Court to remove a child from the state must show sufficient cause for the move, and in determining whether to allow the move, the Court will consider the best interests of the child and the visitation rights of the non-custodial parent.

N.J.S.A. § 9:2-2 governs the removal of children under the Court’s jurisdiction from the state of New State. The statute requires the establishment of "cause" to justify removal of a child from New Jersey to another state. The purpose of that requirement is to preserve the rights of the noncustodial parent and the child to maintain and develop their relationship. The Court's job is to balance those rights with the right of the custodial parent to seek a better life for himself or herself. The former requirement of New Jersey law that a custodial parent must prove a real benefit of the move in order to remove the child from the state was modified by the Court in Baures v. Lewis. The Baures Court held that a custodial parent may move with the children of the marriage to another state as long as the move does not interfere with the best interests of the children or the visitation rights of the noncustodial parent. Baures v. Lewis, 770 A.2d 214, (N.J. 2001). This was expanded upon by the Supreme Court in Holder v. Polanski, when it stated that short of any adverse effect on the child and his or her relationship with the non-custodial parent, a custodial parent should enjoy the same freedom of movement as a non-custodial parent. Holder v. Polanski, 544 A.2d 852, (N.J. 1988).

The Baures Court set forth the following twelve factors relevant to the custodial parent’s burden of proving good faith and that the move will not be inimical to the child's interests: 

1. the reasons given for the move;
2. the reasons given for the opposition;
3. the past history of dealings between the parties insofar as it bears on the reasons advanced by both parties for supporting and opposing the move;
4. whether the child will receive educational, health and leisure opportunities at least equal to what is available here;
5. any special needs or talents of the child that require accommodation and whether such accommodation or its equivalent is available in the new location;
6. whether a visitation and communication schedule can be developed that will allow the  noncustodial parent to maintain a full and continuous relationship with the child;
7. the likelihood that the custodial parent will continue to foster the child's relationship with the noncustodial parent if the move is allowed;
8. the effect of the move on extended family relationships here and in the new location;
9. if the child is of age, his or her preference;
10. whether the child is entering his or her senior year in high school at which point he or she should generally not be moved until graduation without his or her consent;
11. whether the noncustodial parent has the ability to relocate; and
12. any other factor bearing on the child's interest.

A custodial parent seeking to remove a child from the state of New Jersey must show a good faith basis for the move, which may include lower cost of living, better employment opportunities, closer proximity to family, or higher education. When assessing the custodial parent’s good faith and the best interests of the child, the Court looks to the twelve factors set forth by the Baures Court. In making a removal determination, the Court will attempt to balance the non-custodial parent and the child’s right to maintain a relationship with the custodial parent’s right to freedom of movement.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Child Support Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

NJ Personal Injury Lawyer

A NJ personal injury lawyer is an attorney who represents New Jersey residents who have been physically or psychologically injured as a result of another’s negligence or intentional wrongdoing.  A NJ personal injury lawyer has been admitted to the practice of law in New Jersey by the New Jersey Bar Association, and has chosen to practice in the area of personal injury. Just as all attorneys, personal injury lawyers must follow certain professional and ethical rules in the course of their practice.

 

Personal injury attorneys represent individuals who have been injured in car accidents, been bitten by domestic animals, suffered a slip and fall or workplace injury, been harmed due to medical malpractice or defective products, and who have suffered from many other types of personal injuries. They may practice in other areas of the law, or limit their practice only to personal injury. By limiting their practice to one or two areas of the law, NJ personal injury lawyers may be better able to acquire specialized knowledge and experience.

A NJ personal injury lawyer has obtained a bachelor degree from an accredited college or university, and a law degree from an accredited law school. They have passed the New Jersey bar examination, or another state’s bar exam, and they complete a certain number of continuing legal education (CLE) classes each year. Once an attorney has been admitted to the practice of law, they may accept any type of case they choose, regardless of the amount of experience they have with that particular area of the law. An inexperienced attorney is required by ethical rules, however, to enlist the appropriate help, or take the time to learn the issues so that they may competently represent their client.

 

The New Jersey Rules of Professional Conduct adopted by the Supreme Court of New Jersey, govern all attorneys who are licensed and practicing in the state. A NJ personal injury lawyer must abide by these rules or face discipline, ranging from admonition to disbarment. Some examples of conduct which may be cause of discipline include continuous failure to respond to your attempts at communication, inform you of your Court hearings, or appear in Court, advising a client to lie, or lying in the court of the case themselves, and representing both parties to a case without consent from each party. Disputes concerning fees, however, are not generally a basis for discipline, and the New Jersey Courts’ rules require that fee disputes be pursued with the district fee arbitration committee before ethics committees can consider them.

 For further details visit New Jersey Personal Injury Attorney or wants an appointment contact NJ Personal Injury Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272 

Traffic violations in New Jersey

Violation of traffic laws  is one such crime that possibly every driver in the world is guilty of committing. While the circumstances may not turn out to be as grave as other sorts of crimes like criminal and civil crimes, the person being slammed with traffic violation charges may have to become a victim of harassment. Moreover, the amount of fine imposed on the guilty is usually so high that people often dread repeating the same mistake again. Traffic rules in New Jersey are pretty strict and traffic law violation charges may be easily imposed against any person who is driving an automobile, no matter how simple the reasons are. However, one of the most dreaded traffic violation law in New Jersey that persists as a very serious crime is the DUI and DWI; i.e., Driving Under Influence and Driving While Intoxicated. Mentioned below are some of the traffic regulations and traffic violation laws that are in effect in New Jersey .

 Types of traffic violations in New Jersey

 Traffic violations are generally of two types in New Jersey- moving violation and non-moving violation. While some examples of moving violation would be excessive speeding or drinking while being intoxicated, an example of non-moving violation would be parking an automobile in the wrong place or manner, especially in a no-parking zone. While the amount of fine imposed on the guilty or the nature of punishment may vary depending on the nature of the traffic violations done by people, almost all sorts of violations associated with New Jersey traffic laws are initiated with the delivery of a traffic ticket. A traffic ticket is a type of slip in which the nature of the crime and the compensation due for it are written and duly signed by the traffic police.

Common traffic violations in New Jersey

 New Jersey despite being extremely strict with regard to its traffic laws and rules, faces regular traffic violations. Some of the common traffic rule violations in New Jersey are:

 

DUI/DWI: DUI or DWI are almost the same things but are considered extremely serious in the state of New Jersey. DWI stands for Driving While Intoxicated and DUI stands for Driving Under Influence. Both these traffic laws deal with the subject of driving while being intoxicated either with alcohol or any other types of intoxicating things like drugs. Drivers who are found guilty of this crime often have to pay a hefty fine and their driver’s license are also seized for a minimum of 3 months and are made to serve a jail term or community service for a certain period of time. 

For further details visit Monmouth County Attorney, or wants an appointment contact New Jersey Traffic Violations Lawyer - Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730

Call us today! (732) 888-4400

Grandparent Visitation Rights in New Jersey

New Jersey law allows a grandparent or sibling of a child to petition the Court for a visitation order.  While grandparent or sibling visitation generally becomes an issue after the death of a parent or during a divorce or separation, New Jersey does not require that the parents be deceased or divorced before a grandparent or sibling requests visitation. However, because the grandparent visitation statute may infringe upon a parent’s right to raise their children as they see fit, the New Jersey Supreme Court requires a petitioner to show, by a preponderance of the evidence, that the child will be harmed if the visitation is not allowed. The type of harm must be substantial and significant and recognized by New Jersey case law as justifying state intervention in the parent-child relationship. A long-standing, close relationship, between the petitioner and the child is necessary in proving that harm may come to the child if visitation is denied. A direct, personal relationship with the child creates a presumption that the best interests of the child are served by maintaining contact and communication.

Once a petitioner has established that harm may result if visitation were denied, the Court will grant the petition and issue a visitation order if visitation is found to be in the best interests of the child. If the petitioner has been a full time caregiver for the child, the Court will consider this prima facia evidence that visitation is in the child’s best interest. In making a determination the Court will consider, but is not limited to, the following factors: 

(1) The relationship between the petitioner and the child;

(2) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;

(3) The length of time since the child last had contact with the petitioner;

(4) The effect that the requested visitation will have on the relationship between the child and the child's parents or the person with whom the child is residing;

(5) If the parents are divorced or separated, the time-sharing arrangement which exists between the parents with regard to the child;

(6) The good faith of the petitioner in filing the petition;

(7) Any history of physical, emotional or sexual abuse or neglect by the petitioner; and

(8) Any other factor relevant to the best interests of the child.

The issue of grandparent and sibling visitation in New Jersey is fact sensitive. Each case is unique and the Courts attempt to balance a parent’s right to raise their child with the important role that a loving grandparent or sibling can play in a child’s life. 

Sources:

Daniels v. Daniels, 885 A.2d 524,  (N.J. Super.2005)

New Jersey Div. Youth & Family Services v. E.D., 558 A.2d 1377, (N.J. Super. 1989)

Moriarty v. Bradt, 827 A.2d 203,  (N.J. 2003) 

LexisNexis N.J.S.A. 9:2-7.1

 For further details visit Bergen County NJ Family Law Lawyers, or wants an appointment contact New Jersey Child Custody Lawyers - 3 University Plaza, Suite 350 Hackensack, NJ 07601

Telephone: (201) 771-1808

What to look for in a high net worth divorce lawyer?

A high net worth divorce case is not like any other divorce case as these cases involve people of high social esteem, popularity and importance. Hence, it is quite obvious that these cases are not worth of offering to any and every divorce lawyer in the town. Care should be taken while choosing a divorce lawyer to handle a high profile family law New Jersey divorce case and there should be some qualities sought in the lawyer to analyze whether the lawyer is truly the right person to handle the case. 

Suggestion about property and asset distribution

High net worth divorces almost always accompany hefty compensations, which in most cases extend to property and asset division among the spouses. The lawyers of each of the parties therefore must be able to analyze the total value of the assets of both hidden and exposed assets and should therefore be able to provide the clients with beneficial suggestions, so that they can secure the highest benefits while being involved in the trials. For instance, the lawyer of the paying spouse should be able to deliver his or her client with insights as to how to save their properties and assets being divided due to the separation. 

Relevant experience

It is a must to hire a lawyer who has relevant experience in the field of handling celebrity divorce cases, as these cases call for extra attention and sensitivity from the lawyer. Apart from that, a lawyer who is not accustomed dealing with high profile clients, will never be able to effectively and efficiently handle a family law New Jersey high value divorce case. Hence, he or she should be seasoned or aware about requirements of the high profile clients and should be able to handle the situation in tricky cases. Apart from that, high profile or high asset value divorces are also associated with a huge amount of asset and the lawyer should also be able to analyze the real value of all these assets. 

Previous clients

It is not just sufficient to look after the relevant experience and expertise of a lawyer before choosing him to handle the high profile family law New Jersey divorce case. It is also important to take a look at the portfolio or client database of a particular lawyer before hiring him for assistance. While a lawyer may not be ready to reveal their client base, most expert and popular lawyers who handle these types of VIP or celebrity cases are so hyped about in the media that people automatically come to know about them.

For further details visit Connecticut Divorce Lawyer or wants an appointment contact Connecticut High Net Worth Divorce Lawyer here: Cappalli & Hill, LLC. 325 Highland Ave. Cheshire, CT 06410

Call us today! (201) 530-6272

NJ Family Law Common Terms Defined

IV-D Court – Court which provides services pursuant to Title IV-D of the federal Social Security Act, usually to establish or enforce child support.

Affidavit - a written statement made under oath or sworn before a notary.

Arrearage - the amount owed for back child support or alimony, oftentimes referred to as arrears.

Best interests of the child - in child custody or relocation proceedings, Courts use this doctrine to make decisions concerning custody of the child, visitation rights, and/or whether to permit the relocation.  In New Jersey, a list of factors is used to help make the determination.   

Child support guidelines – guidelines the Court follows when awarding child support.

Citation – an order to appear in Court and show cause for violating an order of the Court. In family law, this is generally issued when a non-custodial parent has stopped paying child support.

Common law marriage – a type of marriage in which the parties become legally marriage after a certain period of time of living together as husband and wife, representing themselves as a married couple, and intending to be married. New Jersey does not recognize common law marriages that were not valid on or before November 30, 1939.

Dissolution - the legal end of a marriage or civil union.

Emancipation – releasing a minor or adult child from the custody, care, and control of his or her parents. In family law, the non-custodial parent generally petitions the Court for emancipation, usually to terminate his or her child support obligation, once the child is capable of being self- supporting.

Equitable Distribution - Distribution of the marital debts and assets during a divorce. Equitable distribution is presumed to be an equal division unless there is legal justification for an unequal distribution.

Foreign Support Order – a child support order issued by a Court of another state.

Guardian – a person is legally charged with the custody and care of an incapacitated adult or a minor child.

Guardian ad litem – a person appointed by the Court to act on behalf of a child and represent his or her interests in a custody case.

Legal custody – the right of a parent to make major decisions for their child, such as those concerning schooling, health care, and religious activities.

Marital property – property the Court determines to be owned jointly by the parties, regardless of how it is titled.

Obligee - a person to whom money, such as child support or alimony, is owed.

Obligor - a person who is ordered by the court to pay money, such as child support or alimony.

Petition - a written request to the court for legal action, which begins a court case.

 Physical custody – the right of a parent to have a child living in their home. The parent who has physical custody is generally referred to as the custodial parent, and the parent who does not have custody, as the non-custodial parent.

Qualified Domestic Relations Order (QDRO) – an order of the Court that provides instructions to a retirement plan’s administrator on paying a former spouse his or her awarded portion of the plan.

  

Sources:

N.J. Stat. § 37:1-10

 For further details visit Family Law Attorney New Jersey or wants an appointment contact NJ Bergen County Family Law here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Call us today!

(201) 771-1808

Emancipation and Child Support in New Jersey

Child support terminates upon emancipation of the child, however, in New Jersey, for the purpose of child support obligations; children are not automatically emancipated when they turn eighteen. A child becomes emancipated, for child support purposes, when he or she gets married, joins the military, is emancipated by the Court based on his or his best interests, or reaches an appropriate age. Attainment of the age of 18, however, only establishes prima facie proof of emancipation, and whether or not any particular child is emancipated will depend on the facts of that case.

In some cases, a parent may be ordered to pay for a child’s post secondary education or to continue with a regular support obligation beyond the point at which emancipation would otherwise occur. The Court may order either parent to pay all or a portion of post secondary education expenses if it finds it appropriate under the circumstances. In determining whether to enter a post secondary education expense order, the Court considers, among other things, the parties ability to pay, the child’s efforts to pay for their own education, whether the parent, if still living with the child, would have contributed toward the costs of the education, the amount of the expenses, the reasonableness of the expense considering  the kind of school or course of study, the financial resources of both parents, the commitment to and aptitude of the child for the education, and the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education. Child support obligations may be continued for an adult child if the child has a pre-existing mental illness or emotional disorder that causes him or her to be financially dependent on a parent. In such a case, the support obligation continues until the Court finds that the child no longer suffers from the condition, or is no longer financially depend on a parent. In determining a continued obligation for a disabled adult child, the Court will consider the child’s eligibility for government assistance and public benefits. 

In rare instances, a child may become emancipated before reaching the age of eighteen. Just as in any case of emancipation, the Court will consider the specific circumstances when making a decision concerning emancipation of a child who has not yet reached the age of eighteen. For example, in 1977, the Juvenile and Domestic Relations Court of New Jersey ordered that a seventeen-year-old foster child, who had a child of her own, was an emancipated minor, as it was in her and her child’s best interest to remain with her foster family, rather than be returned to her natural mother. 

No matter how old the child is, New Jersey emancipation and child support law requires a parent to pay child support until the Court orders otherwise. Upon the Court ordering that a child be emancipated, child support terminates. The Court’s decision to emancipate a child is based on the unique circumstances of each particular case. The essential question, according to the New Jersey Courts is whether the child has moved “beyond the sphere of influence and responsibility of his or her parents.”

Sources:

Dolce v. Dolce, 890 A.2d 361, (App.Div. 2006)

Newburgh v. Arrigo, 443 A.2d 1031, (N.J.  1982)

New Jersey Div. of Youth & Family Services v. V., 381 A.2d 1241, (N.J. Super. 1977)

Kruvant v. Kruvant, 241 A.2d 259 (App.Div.1968)

Filipone v. Lee, 304 N.J. Super. 301 (App. Div. 1997)\Bishop v. Bishop, 287 N.J. Super. 593

(Ch. Div. 1995).

LexisNexis: N.J. Stat. § 2A:34-2

 For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Child Support Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601

Telephone: (201) 771-1808

Medical Malpractice Statute of Limitations

The New Jersey medical malpractice statute of limitations puts a two-year time limit on a Plaintiff to file a medical malpractice claim. Generally, the statute begins to run on the date the Plaintiff incurs the injury. However, the Supreme Court of New Jersey has adopted a discovery rule, which provides that the cause of action does not accrue until the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered, that he or she may have a basis for an actionable claim. This standard is objective and therefore the cause of dispute concerning the medical malpractice statute of limitations.

In Guichardo v. Delisi, 796 A.2d 891, (2002 N.J. Super.), the Supreme Court of New Jersey ruled that because of a Plaintiff patient's reasonable reliance on the expert advice of three doctors, before her consultation with a fourth doctor, as well as the absence of undue prejudice to the potentially liable doctor, the discovery rule applied, and Plaintiff’s claim against the doctor should not be dismissed as time barred.

In Caravaggio v. D'Agostini, M.D., 765 A.2d 182, (2001 N.J. Super.), the New Jersey Supreme Court found that the discovery rule applied to Plaintiff’s medical malpractice complaint against a third party, as Plaintiff knew of an injury that was the fault of another, but was reasonably unaware that a third party may also have been responsible. It held that an action did not accrue against the third party until the Plaintiff had evidence revealing their possible complicity.

The purpose of the medical malpractice statute of limitations is to force a Plaintiff to file their claim within a reasonable amount of time in order to allow a Defendant a fair opportunity to defend the suit. Therefore, not every belated discovery of an injury justifies application of the discovery rule. The crucial issue, in determining whether to apply the rule, is whether the facts would have alerted a reasonable person exercising ordinary diligence that he or she was injured due to the fault of another. 

Sources:

Cited cases

Szczuvelek v. Harborside Healthcare, 845 A.2d 137, (2004 N.J. Super.)

 For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Medical Malpractice Lawyer here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today!

(201) 530-6272

What to know about collaborative divorce?

Divorce is one such legal case that may tremendously affect the mental and physical state of a human being. When couples decide to end or dissolve their marriage, they often opt for divorce and by taking a harder and more hassled road. However; that is absolutely unnecessary and couples who want to mutually dissolve their relation, can take the path of collaborative divorce to separate their paths in the most amicable and hassle-free manner. Not only this type of divorce saves both the parties from getting involved in the harassment of court but also saves a lot of their money and time as well. 

What is collaborative divorce?

Collaborative divorce is a special type of family law New Jersey divorce, in which both the spouses mutually decide to end or dissolve their relation with the help of a collaborative lawyer and without taking the divorce case to a court of law. In collaborative divorce,the couple has to consult an attorney who specializes in collaborative divorce and also hire a team of experts to assist in the case, who often include a divorce coach, a financial neutral and a child specialist. In this case, both the spouses along with their individual lawyers mutually confirm to keep the case out of the court and to resolve it in an amicable and peaceful manner. 

Once the couple decided to opt for a collaborative divorce, either of the two parties or both the parties can hire their own lawyers and teams depending on the financial condition and other situations of both the parties. The lawyer can makes both the parties sign on the divorce agreement and the marriage is finally resolves when the court grants an order of dissolving the relation or the marriage in a legal way. Although collaborative family law New Jersey divorce cases are a lot hassle free than other sorts of divorce cases wherein couples approach a court of law and also file a case against each other, collaborative divorces are also associated with the other aspects of divorces like alimony, child custody, property division etc. This is the reason why collaborative family law New Jersey divorce is regarded as one of the most amicable means of dissolving a marriage. 

What is essential?

Although collaborative divorce is ideally the most preferable way to end a relationship, it is also essential to choose the right lawyer for the task, or else the simple task may end up getting screwed. Hence, it is always better to opt for a lawyer who has handled many such cases and is updated with all the latest laws and clauses associated with collaborative divorce.

For further details visit Connecticut Divorce Lawyer or wants an appointment contact Collaborative Divorce CT Attorney here: Cappalli & Hill, LLC. 325 Highland Ave. Cheshire, CT 06410

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Divorce: A popular family law New Jersey case

One of the most dreaded cases by people, divorce is one such family law cases that have become tremendously popular now-a-days. People are filing and facing trials for divorce cases more than ever before and the risks associated with getting punished for judicial custody as well is also increasing. It is therefore one of the most dreaded family law cases now a days. Since divorce cases are almost always associated with other cases like domestic violence, child custody handover etc. All these matters are pretty complicated for the understanding of a common or layman and therefore should always be handled by a seasoned and professional advocate who specializes in the field of divorce and other family law New Jersey cases.

Why appoint a lawyer?

Divorce cases whether complicated or not, should always be filed and faced under the guidance of an expert and experienced lawyer, as the lawyer is the only person who can help a person fight a divorce family law New Jersey case. Moreover, it rarely so happens that a divorce case gets resolved extremely easily and is almost always associated with many risks, hassles and tricks. Hence; in order to deal with and come out of these problems and to win the case, it is important to hire a professional lawyer for the same. Other than that, a lawyer is also able to help the client with useful legal information to win the case and to avoid any further complications is to follow the instructions and act according to the suggestions of the lawyer.

Complications associated with divorce cases

While it is a common thing to get separated legally when a marriage doesn’t work out, people often make these cases too complicated to make the other person suffer to the lease and to harass him or her mentally, physically and monetarily. There are many sorts of complications associated with family law New Jersey cases like divorce cases and thus should be dealt with extreme precaution and according to the guidance of a lawyer who is an expert in the field. Some of the major and  common complications that remain associated with divorce family law New Jersey cases are child custody and paying the compensation.

 Child custody is often decided by the court by analyzing the competencies and abilities of the parents and the child or the children are often handed over to the parent who is healthy and sound and has a stronger attachment to the child or children.

For further details visit NJ Family Law and Divorce Attorney or wants an appointment contact Connecticut Divorce Attorney here: Cappalli & Hill, LLC., 325 Highland Ave., Cheshire, CT 06410 

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New Jersey Complimentary Dispute Resolution

Alternative Dispute Resolution (ADR) is offered by the state of New Jersey under the name Complimentary Dispute Resolution (CDR), as the state views the dispute resolution process as a complement to the traditional trial process, rather than an alternative to it. The primary programs offered by the state are Settlement Proceedings, Mediation, and Arbitration. The Supreme Court has approved many CDR programs for use in the Municipal, Family, and Civil courts. Some programs are mandated by statute, the Supreme Court requires others, and some are pilots or optional in selected situations. Trained citizen volunteers, attorneys, judicial personnel, and community agencies provide complimentary dispute resolution services.

Three of the primary CDR programs are:

Settlement Proceeding, where the parties appear before a neutral third party or panel, who assists in attempting to resolve the dispute by voluntary agreement, by providing a suggested settlement;

Mediation, where a neutral third party, without any power to legally bind the parties, facilitates communication in an effort to promote settlement without imposition of the mediator's own judgment, and makes a non-binding decision; and

Arbitration, where each party and/or his or her attorney presents its case to a neutral third party, who then renders a decision, which may be binding or non-binding, according to statute, rule, or the parties' prior agreement.

Some of the major goals of the CDR program are to protect the rights of litigants, be accessible to all, and provide a fair avenue for the resolution of disputes. Not all CDR programs are available in every vicinage. To determine which programs are available in your vicinage or to learn more about a particular program, visit the New Jersey Courts’ Complementary Dispute Resolution website. 

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Divorce Attorneys here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

NJ Personal Injury Law: Strict Liability

Strict liability is a standard of liability which is applicable even when a Defendant was neither negligent nor had any intent of wrongdoing. A Plaintiff need only prove that an injury occurred and that it occurred in a certain way, for instance as the result of being bitten by a dog. Strict liability is a commonly used theory of liability in cases involving harm caused by animals, an employer’s responsibility for his or her employees, and abnormally dangerous activities. In strict liability cases, Defendants who engage in certain dangerous activities are held liable for damages even when using the highest standard of care possible. Strict liability differs from negligence in that no fault on the part of the Defendant is required before liability is imposed.

New Jersey law imposes strict tort liability on owners and operators of hazardous waste facilities for all direct and indirect damages resulting from the operation or closure of the facility, including personal injuries, medical expenses and cleanup and removal of any discharge of a hazardous substance. Dog owners in New Jersey are held strictly liable for injuries caused by their dog on public property or when the Plaintiff is lawfully upon private property, including the property of the dog owner. Strict liability is also imposed upon, but not limited to, certain sellers and manufactures of defective products and persons in violation of specific environmental laws.

The doctrine of strict liability renders a Defendant’s intent or negligence irrelevant, and holds them liable if a Plaintiff can prove that the injury occurred in the manner alleged. NJ personal injury law imposes strict liability on those who commit certain torts, such as spilling dangerous chemicals, manufacturing certain defective products, or allowing their dog to cause injury to another. 

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Dog Bite Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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Defamation Laws in NJ

Although the United States Constitution, as well as the Constitution of New Jersey, guarantees  a right to free speech, there exists a common law principle in New Jersey that every man has the right to his good name, free from unjustified smears. Because of this, a speaker or writer is held liable for a false and defamatory statement, regardless of fault.  Defamatory statements are considered false, and a speaker or writer has the burden of proving the truth of a challenged statement. The standard of proof in a defamation claim may be actual malice, when the claim involves matters of public interest, or negligence, when the speech does not involve matters of public concern.

The State of New Jersey has found that when speech involves matters of public interest, it is protected by the common law privilege of fair comment. Fair comment is a defense to a defamation action, when the words are a fair comment on a matter of public interest or concern. To overcome the fair comment defense, a Plaintiff must prove actual malice, or that the speaker or writer knew the statement to be false or acted in reckless disregard to its truth or falsity. Actual malice must be proven by clear and convincing evidence. In determining whether speech involves a matter of public interest or concern, the Court relies on the common law. When judging how to apply the common law in new circumstances, and the degree to which speech deserves protection, the Court considers the public interest in the free and uninhibited flow of information, the speaker's ability to exercise due care, and the individual's need for legal recourse if his good name is subject to false and defamatory verbal attacks. Speech that does not involve matters of public concern requires that greater weight be placed on an individual's interest in his reputation. In such cases, negligence is the appropriate standard of care. The standard of proof in a negligence claim is a preponderance of the evidence.

Defamation laws in NJ provide redress for a party whose reputation has been damaged by a false and defamatory statement negligently made by a speaker or writer. The action is based in common law, and in deciding defamation cases, the Courts attempt to balance a person’s right to free speech with a person’s right to his good name.  

Sources:

Senna v. Florimont, 958 A.2d 427,  (N.J. Super. 2008)

Costello v. Ocean County Observer, et al., 643 A.2d 1012, (N.J. Super 1994)

For further details visit New Jersey Family Law Attorneys, or wants an appointment contact Bergen County Divorce Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

What is Medical Malpractice?

Medical malpractice is a medical professional’s act or failure to act, which constitutes a violation of the standard of care in that professional’s geographical location and area of expertise, and which results in injury or loss. Malpractice may be the result of negligence, ignorance, or intentional wrongdoing, and includes things such as misdiagnosis’s, surgical mistakes, medication errors, and unreasonable delays in treatment. According to the National Practitioner Data Bank, 7,762 medical malpractice payment reports were made against physicians in New Jersey between 1990 and 2003.

A large part of a medical malpractice claim is the standard of care in the provider’s particular geographical location and practice area. In order to establish substandard care, a Plaintiff must present expert testimony regarding the standard of care in their particular case. In New Jersey, the Plaintiff must, within sixty (60) days of the Defendant filing his or her answer to the complaint, file an affidavit from a licensed professional stating that there exists a reasonable probability that the care, skill, or knowledge exercised fell outside acceptable professional standards or treatment practices. The person executing the affidavit must meet the qualifications of an expert, have board certification in the area of practice the litigation involves, or have at least five years’ experience in said field. These requirements may be waived under limited circumstances. Filing of the affidavit may be waived if the Plaintiff provides a sworn statement that the Defendant failed to provide medical records or information having a substantial bearing on the preparation of the affidavit, a signed authorization for release of the records was provided to the Defendant by certified mail or in person, and at least forty-five (45) days have elapsed.

Recoverable damages in New Jersey medical malpractice claims may include reimbursement for medical bills, lost earnings, and pain and suffering.  Just as with any personal injury, a claim for medical malpractice must be filed within two years. However, New Jersey law provides that the cause of action does not accrue so long as the Plaintiff is reasonably unaware of the injury or that the injury is due to the fault of an identifiable person. 

Sources:

N.J. Stat. Ann. §§ 17:30D-1 to 17:30D-17. President v. Jenkins, 814 A.2d 1173, (2003 N.J. Super)

LexisNexis: N.J. Stat. § 45:9-19.17, 17:30D-1-D-31, et seq., 2A:53A-27, 2A:53A-28

Savage v. Old Bridge-Sayreville Medical Group, 417, 616 A.2d 1307 (App. Div. 1992)

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Medical Malpractice Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

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Invitees under New Jersey Premises Liability Law

In New Jersey, a property owner’s responsibility to another party depends in part upon that party’s classification, based upon his or her right to be on the land. There are three classifications, which are, trespasser, licensee, and invitee. A trespasser has no right to be on the property, and is owed the least amount of care by the property owner. A licensee is a step up from a trespasser, as he or she has the owner’s consent to be on the property, but has no business purpose for being there. Social guests are considered licensees. A business invitee is owed the most duty of care. In order to be considered a business invitee, one must be on the premises for the benefit of the landowner, lessee, or occupant.

A party’s classification must be consistent with his or her primary purpose for being on the property.  To this end, it has generally been held that a social guest remains such despite the performance of services beneficial to the property owner in the course of the visit. On the other hand, when a person, even a family member, is invited solely for the purpose of performing or assisting in the performance of services, and not to attend the social gathering, the person is an invitee. The fact that the services are performed gratuitously does not negate the status of the person doing them as an invitee.

The duty a property owner owes to an invitee is to use reasonable care to make the premises safe, including reasonable inspection to discover dangerous conditions in the property. One exception to this, however, is landowners who invite third parties onto their land for purposes of picking or gathering agricultural or horticultural products. In this case, the landowner is not liable for injuries resulting from the natural risks, which are characteristic of agricultural or horticultural land. The gist of premises liability is the fact that a person injured did not act merely of his own volition, but that he or she entered the premises, having been led to believe, by the property owner, that said premises were intended to be used in the manner in which he or she would use them, and it would be safe to do so.

New Jersey premises liability law imparts upon a landowner or possessor or property a duty of care to third parties based on whether the party is classified as an invitee, licensee, or trespasser. A property owner who fails to safeguard invitees against dangerous conditions of the property may be liable for injuries resulting from such failure.

Sources:
N.J.S.A. § 2A:42A-10
Butler v. Acme Markets, Inc., 445 A.2d 1141
Creamer v. Levy and  Blumenfield, 155 A. 446
Daggett v. Di Trani, A.2d 809, (App. Div. 1984).
Pearlstein, supra, 52 N.J. Super. at 458.

For further details visit Family Law Attorney New Jersey or wants an appointment contact Personal Injury Lawyer in New Jersey here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
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(201) 771-1808

New Jersey Attorneys

New Jersey attorneys approach each new case of medical malpractice or personal injury with a focus on discovering the facts and resolving the claim with the best possible outcome for the injured party. While most personal injury claims are settled without the necessity of a trial, preparing a case as if it were going to trial is a common strategy among New Jersey attorneys. A well-prepared case will help achieve the best possible settlement or award for an injured party, and enable a Plaintiff to reject any inadequate settlement offers.  Preparing a personal injury or medical malpractice case for trial begins immediately after meeting with the injured client and accepting the case. Determining whom the witnesses will be, lining up experts, conducting interviews and discovery, drafting the pleadings, and doing the necessary research take time and commitment, and New Jersey Attorneys can help maximize an injured party’s award by preparing the case early and properly.

 Preparing witnesses for trial is a task that New Jersey attorneys who handle personal injury claims participate in frequently. It is very important that all of a party’s witnesses know exactly what they will be asked, and their attorney knows how they will answer so that there are no surprises in Court. Depositions are a useful tool for discovering exactly what the opposing party’s witnesses will say, so that cross-examinations can be prepared, and witnesses can be challenged if they change their story. Depositions are out of Court testimony wherein the answering party is under oath and a Court reporter is recording everything that is said, in the same manner that witness testimony is recorded in Court.

Another important task of New Jersey attorneys in a personal injury case is ensuring that all pleadings and required documents are filed in a timely manner. In medical malpractice cases, New Jersey attorneys must file an affidavit of merit from a licensed professional within sixty (60) days of the Defendant filing his or her answer. The affidavit must say very specific things and the person executing the affidavit must meet certain qualifications. If this affidavit is not filed in a timely manner the licensed professional does not meet all of the qualifications, a Plaintiff’s case can be dismissed. There are many time limits and restrictions for when and how various documents and pleadings must be filed, and missing a deadline can be detrimental to an injured party’s case.

 Each New Jersey attorneys approach to a new personal injury or medical malpractice case will vary according to their experience and personal preferences. However, the goal of any attorney’s strategy is to maximize an injured party’s recovery, whether through settlement or a jury award after trial. The key to obtaining the best result for an injured party is commitment and preparedness, and New Jersey attorneys approach each new case with this in mind.

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Personal Injury Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272