In Cornacchio, the plaintiff’s estate filed a wrongful death action against Dr. Chirag Shah.  The accident occurred on August 28, 2008; however, a notice of tort claim was not filed until December 1, 2010.  The estate never moved for leave to file a late notice of tort claim.  A notice of tort claim is required in every negligence case where the defendant is a public entity or public employee.  Generally, the notice of claim must be filed within 90 days of the accident.

In spite of the fact that the Estate “diligently pursued” the case, and that the decedent’s daughter had no knowledge that Dr. Shah was a public employee, the claim was dismissed for failure to file a notice of tort claim.  According to the court, inattention or inaction is not an extraordinary circumstance to excuse compliance with a a time-sensitive date.  Anyone who has been injured in an accident in New Jersey should contact the Elizabeth, New Jersey injury lawyers at Mintz & Geftic for a review of their potential claim and for representation.

The solicitation bill, A-4430/S-2316, provides that “no person shall solicit professional employment from, or contact, a person whose name, address or other personal information was obtained from a public record of a motor vehicle accident for a period of 30 days after the date on which the accident occurred.”  The bill makes a violation of this law a third degree crime.  Solicitations are excluded from the bill if the attorney had a previous professional business relationship.  The bill also does not apply if the accident victim initiates the contact with the attorney, nor does it apply to recommendations or referrals by past clients, friends, relatives, or other individuals relying on the reputation of the attorney as long as the referral is not made for value.  Finally, the bill does not apply to general advertising that is not directed at a specific accident victim.

The New Jersey personal injury lawyers at Mintz & Geftic, LLC do not engage in the practice of directly soliciting clients who are victims of accidents and strongly support the legislation.  Nevertheless, we welcome calls from any accident victims in New Jersey so that we may provide a consultation and possible representation.  The solicitation bill is also supported by the New Jersey Association for Justice and the New Jersey State Bar Association.

UPDATE: Governor Christie pocket-vetoed the bill, and therefore, the bill will not become law for the time-being.

Some attorneys advise their clients that they need only adjust the privacy settings on their Facebook accounts so that only their “friends” can view their profiles and posts.  However, that does not address the issue of other Facebook members posting photographs, videos, and status updates about you and then “tagging” you in those posts.  Employers can later use those photographs, videos, or status updates to undermine your workers compensation claim by spinning it into an argument that an injury is not as bad as you claim.  Therefore, the most prudent course of action is to delete your Facebook or twitter account entirely and to avoid social networking while your claim is pending.

Anyone who has suffered a workplace injury or has been involved in any accident should contact the New Jersey personal injury and workers’ compensation lawyers at Mintz & Geftic for a consutlation.

The Court ordered Walmart to produce the video immediately.  In rejecting Walmart’s argument, Judge Joel Schneider stated that “the purpose of the court system is to resolve civil disputes in a civil way.  Thus, ‘gotcha games’ are not acceptable.”  The Court also rejected Walmart’s argument that the recording falls under the work product privilege, nothing that the recording was made in the regular course of the store’s business.

As this case illustrates, defendants in personal injury lawsuits will attempt to play games in order to conceal or delay the production of evidence.  Anyone injured in an accident should contact the New Jersey injury lawyers at Mintz & Geftic in order to protect their rights and make sure that all evidence is preserved.

If you cannot find the name of the insurance company at your workplace, you can write to the Compensation Rating & Inspection Bureau at 60 Park Place, Newark, NJ 07102 or, you can visit their web site at www.njcrib.com. The longer the claim remains unreported the longer and harder it will be to obtain workers compensation authorized medical treatment and temporary payment benefits.  To avoid delays you should contact a N.J. Worker’s Compensation attorney.

The Division of Workers’ Compensation will assign a claim number for those injured workers without a valid social security number so they can get medical care and compensation for their injuries.  Employers sometimes frighten undocumented or “illegal” workers that they will be deported if they file a workers’ compensation claim, and fail to report the accidents.  Please consult with an experienced New Jersey workers’ compensation lawyer if you are injured on the job.

In order to make sure that all medical bills are paid promptly and sent to the correct place, you should ask for the name of the worker’s compensation insurance company.  Your employer’s worker’s compensation insurance company should pay all medical bills for work related injuries.  Only use your health insurance, Medicaid or Medicare if absolutely necessary.  If your employer tells you to see your family doctor or primary physician and use your health insurance, you should contact a New Jersey worker’s compensation lawyer as soon as possible to avoid treatment and billing problems.

During trial, Russo testified that he taught at several schools during his employment with the Hoboken Board of Education between the years of 1971 to 1993.  Russo recalled asbestos remediation projects at several schools where he worked.  During cross-examination, Russo testified that from early in his teaching career he was aware that asbestos had harmful effects.  In 2000, Russo was diagnosed with lung cancer.

The Workers’ Compensation Judge noted that “a claim must be filed within two years after the date in which the claimant first knew the nature of the disability and its relation to the employment.”  In this case, Russo knew that asbestos was potentially harmful as early as the 1980s and knew that he had lung cancer in 2000.  Therefore, his petition filed in 2004 was time-barred.   The Appellate Division agreed.

This case illustrates the importance of consulting with a workers’ compensation attorney at the earliest time possible.  If you have been injured at work or are suffering from a condition which may be work-related, consult with the workers’ compensation attorneys at Mintz & Geftic immediately.

Our mission is to remain small enough to maintain a personal relationship with all clients, but offer the same professional services of larger firms. We care for and respect our clients, and want them to feel comfortable with all our attorneys and support staff. Our partners are directly involved in every case. One of our partners is always in the office during business hours to handle emergencies. We promptly respond to all phone calls. We pride ourselves in honest dedicated service. We try to answer legal questions in simple terms and try to schedule appointments at mutually convenient times. We will make home and hospital visits for clients with disabilities that make it difficult to come to our office.

We provide our clients with a broad variety of legal services and when necessary work closely with many other law firms and lawyers experienced in handling medical malpractice cases, criminal law, bankruptcy, social security cases and immigration matters. The lawyers we work with are also licensed to practice in New York and Pennsylvania.  Our staff speaks Spanish and Portuguese and we have a large Hispanic practice.

Martin L. Mintz started MG LAW FIRM in 1990 succeeding his predecessor law firm of Franz & Mintz which handled a wide variety of work related accident cases and negligence cases since 1978. With the rapid growth in clients Stanley L. Geftic was asked to join the firm as a partner. MG Law Firm completely modernized it’s facilities and equipment, but kept the same important philosophy that the client is the firm’s most important asset. The new firm formed a close association with other experienced lawyers and law firms to broaden the legal services available to our clients. MG LAW FIRM is small, but its services are BIG. We have an experienced staff, which has been with the firm since it was started. Our staff are loyal to the firm and dedicated to serving our clients.

We are centrally located in New Jersey, and will travel to all corners of the State. Our office is a short distance from Newark Liberty International Airport and is convenient to all public transportation. The lawyers we work with are also licensed to practice in New York and Pennsylvania.