Our firm no longer handles personal injury
cases where someone has suffered severe injuries resulting from, among other things, automobile collisions, although we do
make referrals to highly skilled personal injury attorneys who only accept serious personal injury cases.
Most minor automobile accidents are best resolved in Small Claims Court where the Court has jurisdiction to
make an award up to $10,000. In Small Claims Court you will not have to pay any attorney's fees from the award because
you cannot be represented in Small Claims Court by an attorney.
As a practical
matter it is not feasible for most attorneys to handle small personal injury cases, although there are several firms that
might handle small cases because of the way such firms are structured. We do not handle or make referrals of such cases.
If you have suffered a personal injury you should consult with a competent personal injury lawyer who will
adivse you on your rights and provide you with a list of options from which you may choose.
Ordinarily, such cases are handled on what is known as a "contingent fee basis", which means that
the lawyer gets paid a percentage of what is recovered. If there is no recovery, the lawyer would not be entitled to any compensation
from you, although you may still have to pay court costs.
Our firm handles insurance defense cases
involving motor vehicle collisions, products liability, premises liability cases, and other claims based upon negligence,
strict liability, and intentional acts.
We prosecute and defend actions for breach of contract, including motor vheicle sales agreements, leases,
rental agreements, purchase agreements, and many other kinds of agreements.
Our firm has significant
experience prosecuting eviction actions to remove a tenant from a rental unit. The grounds usually available for such evictions
include non-payment of rent, nuisance, and non-curable breaches of the lease or rental agreement. If the property is located
in a jurisdiction that has rent control, special rules may apply to evictions that may make it more difficult to evict a problematic
Civil appeals are where a party disagrees with the judgment,
ruling or order of the trial court. An appeal is taken to the Court of Appeal or to the Appellate Division of the Superior
Court, depending upon the amount of money in controversy, or the subject matter of the proceeding.
Appeals can be very costly and uncertain. As such, appeals
are usually a "last resort" because the outcome can rarely be predicted with any degree of certainty. That is not
to say that an appeal should not be taken in the appropriate case, but there is a legal presumption that the judgment or order
from which the appeal is taken is correct. The appellant has the burden of convincing a panel of three judges that the appeal
has merit. At least two of the three judges must agree with the appeal in order for the appellant to prevail.
Not all court
actions or decisions are appealable. An appeal may be taken only in those instances were an appeal is authorized by law. In
all cases where an appeal is authorized, it must be filed within the time set by law. In some cases you must file an appeal
within 30 days of notice of the action from which you want to appeal. In other cases, the time is 60 days. There are other
time periods as well. Generally, the time to file an appeal cannot be extended. Any appeal filed after the deadline will be
dismissed for lack of jurisdiction. To ensure that any appeal you may want to file from a court action is filed in a timely
manner YOU SHOULD CONSULT WITH A COMPETENT LAWYER AS SOON AS POSSIBLE.
ALL CLAIMS OR LAWSUITS
MUST BE FILED WITH THE PROPER COURT HAVING JURISDICTION WITHIN SPECIFIC TIME LIMITS FIXED BY LAW. THESE TIME LIMITS, WHICH
ARE CALLED STATUTES OF LIMITATIONS, VARY DEPENDING UPON THE TYPE OF CASE. AS A GENERAL RULE SUCH TIME LIMITS ARE ALMOST ALWAYS
JURISDICTIONAL AND CANNOT BE IGNORED OR EXTENDED. YOU MAY LOSE YOUR CLAIM FOREVER IF YOU DO NOT FILE YOUR CLAIM WITHIN THE
TIME LIMIT PRESCRIBED FOR YOUR TYPE OF CLAIM. NOT ALL CLAIMS ARE GOVERNED BY THE SAME TIME PERIOD. SOME CLAIMS MUST BE FILED
VERY QUICKLY OR THEY MAY BE LOST FOREVER. ALL CLAIMS MUST BE TIMELY FILED OR THEY ARE USUALLY LOST FOREVER. IF YOU THINK
YOU HAVE A CLAIM, YOU SHOULD PROMPTLY CONSULT WITH A COMPETENT ATTORNEY TO FIND OUT WHAT YOUR RIGHTS ARE, AND WHEN THE CLAIM
MUST BE FILED. UNLESS YOU PRESENT OR FILE A CLAIM ON TIME, YOU MAY LOSE YOUR CLAIM FOREVER AND NEVER BE ABLE TO ASSERT IT.
YOU THINK YOU HAVE A CLAIM YOU SHOULD CONSULT WITH A COMPETENT ATTORNEY WITHOUT DELAY WHO CAN ADVISE YOU.