Category Archives: NJ medical Malpractice attorney

Personal Injury Lawyer New Jersey Contingency Fees

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When a Personal Injury Lawyer New Jersey takes your case for a so-called contingency fee, it means that he gets paid from whatever money he recovers for your case.  His fee is contingent upon recovering money.  No money, no fee.  Unlike some other states, where contingency fees can be as high as 40-45% of the gross recovery, the Supreme Court of New Jersey has capped contingency fees at 33 1/3% of the net recovery for adults, and 25% for anyone under the age of 18.  So, if a lawyer spends $5,000 on case expenses to recover $50,000 for an adult, the net recovery is $45,000, and the lawyers 1/3 fee is $15,000, which translates to 30% of the gross $50,000 recovery.  In the case of a minor, the lawyer’s fee would be 25% of the $45,000, or $11,250, which translates to 22.5 % of the gross $50,000 recovery.

Does a lower contingency fee mean the client collects more money?   Not necessarily.  When you see a circular saying the large box of Wheaties, normally $5.00, will be on sale next Wednesday for $2.50, you know that by waiting ‘til next Wednesday, you’ll get the same amount of Wheaties for less money.  When it comes to contingency fee cases, however, the outcome uncertain because two separate factors are affecting the equation – the contingency fee rate, which is certain, and the amount of money recovered, which is always uncertain.  Let’s say a lawyer charges you 33 1/3% to take your case, and  he gets you a net recovery of $45,000.  In that case, he’d collect $15,000, and you’d collect $30,000.  On the other hand, if a lawyer charges you a  contingency fee of only 28%, but he gets you a net recovery of just $40,000, then he’d collect $11,200, and you’d collect $28,800.  So the answer is obviously no, a lower contingency fee rate does not necessarily mean the client collects more money.  The net result to the client always depends on what the lawyer is able to recover.

The recovery in a case is determined in one of two ways – by how much an insurance company is willing to offer, or how much the jury is willing to award.  Either way, achieving the right result requires a lawyer with the right reputation, skills, and experience.  Does your lawyer practice in the region where your case is located (North, Central, or Southern New Jersey) ?  Has your lawyer been Board-Certified by the Supreme Court of New Jersey, an approved measure of continuing legal education, real trial experience, and professional reputation?  Does your attorney have access to the inside information and expertise of hundreds of other New Jersey trial lawyers because he’s a fellow member of the New Jersey Association for Justice?  Has your lawyer demonstrated a willingness to do what’s necessary to let the insurance company know you mean business, and not bargain away your rights for a quick settlement?  You need to get the answers to these questions, especially if your injuries are serious, and the other side is all about avoiding responsibility.  If so, your case could take a lot of time and money to prepare properly, and having the right lawyer at your side makes all the difference in the world when it’s time to make tough decisions about waging war or making peace.

Personal Injury Lawyer New Jersey Contingency Fees

 The choice of an attorney is an important decision requiring careful thought.  So don’t hesitate to do some homework, and then call a well-credential Personal Injury Lawyer New Jersey for a free consultation.

 

 

 

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Medical Malpractice Lawyers NJ Case Review

medical malpractice lawyers nj case review image of surgery

Like all New Jersey personal injury claims, a New Jersey medical malpractice claim arises from injury on account of negligence.  Unlike a driver who’s blown a stop sign, however, a medical malpractice matter involves the conduct of a healthcare professional whose actions are compared to the medical community’s accepted standards of care. 

Therefore, to prove that a particular doctor or nurse has been negligent, a qualified expert from the same medical specialty is typically required to render an opinion after review of the patient’s pertinent medical records.

If the expert finds negligence, the next question is whether the doctor or nurse’s negligence has done the patient harm. After all, we don’t normally seek medical care in the first place unless there’s already something wrong with us.

Sometimes, the injury caused by the negligence is obvious, even to the untrained layperson.  In other words, you don’t need an expert to know that leaving a scalpel inside a patient is unacceptable.  But most of the time, the connection between the negligence and the patient condition is not perfectly clear.  Instead, this connection is complicated by questions of causation –  did any or all of the patient’s ailments arise from a pre-existing injury or disease, rather than from acts of malpractice?  In such cases, another expert specializing in the particular injury is often required to establish a clear connection between that injury and the alleged medical negligence.

Finally, the attorney and his client need to carefully assess exactly what kind of harm has been caused by the medical malpractice. Is the client’s resulting injury slight or serious, permanent or temporary?  In fact, when evaluating the risks and rewards of prosecuting a medical malpractice claim, severity of injury is really the first and most important question.

Medical Malpractice Lawyers NJ Case Review

Legally speaking, any kind of harm caused by medical malpractice is eligible for compensation, but as a practical matter, one must carefully consider whether spending a lot of time and money on a risky and contested case would be worthwhile when the claim that has limited monetary value.  That said, If you believe you’ve got a worthwhile case, do not hesitate contact experienced Medical Malpractice Lawyers NJ immediately for a free consultation concerning the wisest course of action.

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New Jersey Personal Injury Lawyer NJAJ

Is Your Lawyer a Member of the NJAJ?
About the NJAJ
For over 50 yrs., the New Jersey Association for Justice has been a professional organization – now boasting more than 2,500 lawyers, law students, and paralegals – committed to protecting New Jersey residents through preservation and promotion of New Jersey laws for safer products and places of work, a purer environment, and better healthcare.  It offers continuing legal education to lawyers, and programs to enlighten consumers on the latest legal issues affecting their lives.
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Goals of the NJAJ
The NJAJ is a stalwart defender of the State and Federal Constitutions, and strives to support the science of jurisprudence, strengthen the process of trial by jury, train its member-lawyers in all aspects of legal advocacy, advance the public good, and uphold the honor and dignity of the legal profession, all for the purpose of aiding those who’ve been seriously injured and disabled by misfortune.
NJAJ Members Make the Best Lawyers
The New Jersey Association for Justice constantly keeps it membership current on the ever-changing landscape of the law by regularly conducting dynamic seminars and high-tech hands-on workshops, and by offering regularly accessible on-line resources to assist members with their practices.  Continuing education in the law is a key cornerstone in NJAJ’s mission.  Its Spring Boardwalk Seminars in Atlantic City cover the latest developments in personal injury law, medical malpractice, workers compensation, criminal defense, matrimonial and employment law.  In addition, material and service suppliers to the legal industry are invited to exhibit their cutting-edge courtoom technologies.
NJAJ Members make for Truly Effective Trial Lawyers
There’s no substitute for experience, and perhaps the most valuable benefit of NJAJ membership is immediate real-time access to the experience and expertise of hundreds of fellow trial lawyers who have been there and done that.  Members subscribe to a searchable,  web-based blog called ListServe, where pre-screened NJAJ lawyers post inquiries and answers to timely and important legal subjects:  What are the recent verdict trends in Bergen County?  How does Judge Conroy conduct jury selection?  Does anyone have transcripts of Dr. Duval’s depositions?  Can somebody please refer me to the accident reconstruction expert for an apartment complex speed bumps case?
New Jersey Personal Injury Lawyer NJAJ: Choose Wisely
“Before making your choice of attorney, you should give this matter careful thought.  The selection of an attorney is an important decision.”  – The New Jersey Supreme Court Committee on Attorney Advertising
Hopefully, the information contained in this article has helped you to think through the selection process.
Best of luck in your search for the right  New Jersey Personal Injury Lawyer.

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