Tag Archives: new jersey personal injury lawyer
Personal Injury Lawyer NJ Mall at Short Hills Short on Security
A few years ago, the Short Hills Mall apparently stopped paying off-duty Essex County Sheriff’s officers to patrol its parking lots, presumably to cut its operating expenses and increase its profits. Meanwhile, State statistics were allegedly showing a significant spike in Essex County carjackings.
If so, this recipe for disaster dealt a devastating blow to a young Hoboken couple three months ago, when carjackers shot thirty year old Dustin Friedland in the head and left him for dead while his wife Jaime watched in horror.
The four carjackers have since been arrested to face felony murder charges, a small consolation for Mrs. Friedland. She’s forever lost her beloved husband, a successful patent attorney and project engineer for a family-owned enterprise called Epic Mechanical.
Mrs. Friedland recently filed suit in the Superior Court of New Jersey against the Short Hills Mall and their protection services company for allegedly failing to provide adequate security, as well as for allegedly failing to appreciate the fact that the large box-shaped vehicles typically used by first aid personnel would not be able to pass beneath the low-hanging parking deck in the parking garage and reach the area where Friedland and his wife had been accosted.
When interviewed about the case by the Newark Star-Ledger, Essex County Sheriff Armando Fontoura, whose officers had been dismissed from off-duty service at the mall, was caustic in his criticisms:
“I think that if there had been a highly visible, well-trained police officer there being vigilant, …it prevents a lot of stuff. It doesn’t allow for murderous thugs to sit and lie in wait and to case the place for days.”
Also included as a defendant in Friedland’s lawsuit is the Millburn-Short Hills Volunteer First Aid Squad, which allegedly took an excessive period of time to respond to Mrs. Friedland’s 911 pleas for help.
Personal Injury Lawyer NJ 166 Million Dollar Record Verdict Reduced
Three months ago on December 13, 2013, a jury in Essex County New Jersey returned a record personal injury verdict in the total amount of more than one hundred sixty six million ($166,000,000) dollars in favor of a four year old boy who had been badly beaten by his criminally abuse father because New Jersey’s Division of Youth and Family Services (DYFS) had failed to act on repeated pleas and warnings from the boy’s maternal grandmother, Neomi Escobar.
The beatings rendered the poor little boy blind, unable to talk or walk, subject to constant seizures, and dependent on a feeding tube and round-the-clock care to give him the nutrition he needs and to keep him from suffocating. Post-trial interviews put jurors in tears as they tried to grapple with the terribly emotional tragedy while performing their sworn legal function to render justice. They had returned verdicts in the amount of one hundred five million ($105,000,000) dollars for the boy’s future medical expenses, fifty eight million ($58,000,000) dollars for his pain and suffering, about two million ($2,000,000) dollars for caretaker services, and one point four million ($1,400,000) dollars for future lost wages, and put all the blame on DYFS for the tragedy.
However, attorneys for DYFS filed a challenge to the verdicts, and this past Wednesday, March 19, 2014, the Honorable James Rothschild Jr., who presided over the trial, decided that the facts and law required some changes to the jury’s verdicts. Specifically, the Court reduced the verdict for future medical expenses from $105 million dollars to $75.9 million dollars. In addition, he laid twenty-five (25%) percent of the blame for the tragedy at the feet of the boy’s now incarcerated father, effectively reducing the obligation of DYFS to seventy-five (75%) percent. Together this modification of medical expenses and reassignment of blame has resulted in a reduction of DYFS responsibility from $166 million dollars to $102 million dollars.
No word at this writing whether either side plans to challenge the trial court’s decision in the Appellate Division.
If you or your loved one has been injured due to the negligence of another, contact Personal Injury Lawyer NJ Patrick Amoresano for a free consultation at 201-704-2280.
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.
Civil Trial Attorney Certifications are issued by the New Jersey Supreme Court to lawyers who’ve submitted the details of their careers – trials skills, experience, and special education – to the scrutiny of expert Board members specially selected by the New Jersey Supreme Court to insure high standards of civil trial practice in the State of New Jersey. In addition, all applicants must pass a written examination, identify others lawyers who’ve opposed them in Court, and Judges before whom they’ve appeared, to attest to their professional reputation, integrity, and skills.
The Certification Program helps consumers identify lawyers who’ve demonstrated proficiency in specialized fields of law. Certification aids attorneys by in making their special credentials known to prospective clients and other attorneys. Certification also encourages lawyers to maintain and improve their levels of competence through continuing education, training, and best practices in their respective areas of law, including Civil Trial Law, Criminal Trial Law, Matrimonial Law, Workers Compensation Law, and Municipal Court Law.
Less than three (3%) percent of all attorneys in New Jersey are Board Certified in Civil Trial Law, and certifications last for just five years, after which the lawyer must renew his application for continued certification.
Board Certified New Jersey Personal Injury Attorney
So if your searching for a first-rate New Jersey Personal Injury Attorney, you’d be well advised to chose one with a consistent history of Board Certification. Patrick X. Amoresano has been doing justice for injured New Jersey clients for more than three decades. The Supreme Court of New Jersey issued him his first Certification as a Civil Trial Attorney in 1990, and has repeatedly renewed that certification every five to seven years. In addition, Martindale-Hubbell, the oldest and most-respected attorney rating organization in the nation, has seen fit to award Mr. Amoresano with its highest honor – AV Preeminent – the pinnacle of legal ability and ethical standards.