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New Jersey Probate F.A.Q.’s

Jul 7

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

What is Probate?

Probate is the process by which your last Will is determined to be your final statement and confirms the appointment of the person or institution you have named to administer your estate. The term probate is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered and applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in your Will.

How is a Will probated?

The following is a simplified outline of the general probate process:

  • The original Will is filed with the Court.
  • The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives.
  • The Personal Representative files a Petition for Probate of the Estate.
  • For approximately nine months from the date of the Petition for Probate, creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc.
  • During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc. during this time.
  • When the nine-month claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative then files a petition with the probate court to allow a distribution of all remaining assets to the beneficiaries/heirs, and files a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, and the proposed plan for distribution.
  • If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists.

The minimum amount of time that the probate process can be completed is approximately nine months, but it normally takes longer. Reasons for delays can include Will contests, property cannot be sold, claimants not being notified in the original nine-month claim period, etc.

To find more articles about New Jersey  Wills and Probate Law can be found at New-Jersey-Lawyers.com.  New Jersey lawyers who can help with wills and estates in new jersey can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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No-Fault Claims

Apr 5

Posted by admin in Personal Injury | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

The law firm of E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C., emphasizes representation of all medical providers and patients with respect to no-fault claims. When an individual is injured in an automobile accident, pursuant to N.J.S.A. 39:6A-1 et seq. the New Jersey No-Fault Statute, s/he is entitled to PIP (personal injury protection) benefits, under certain conditions. The purpose of No-Fault Act is social legislation intended to provide insureds with the prompt payment of medical bills, loss wages, and other such expenses without making them wait the outcome of protracted litigation in Court. In theory, PIP coverage is to be given the broadest application consistent with the statutory language of no-fault legislation, meaning that the fault system is to be removed from automobile negligence providing a minimum amount of protection to the public for injuries caused by an automobile accident. The system was designed to shift compensation from a tort and/or a third-party insurance to a system of first- party coverage.

In 1998, the New Jersey Legislature passed the Automobile Insurance Cross Reduction Act (“AICRA”) effective March 22, 1999. Under that Act, three types of insurance were provided: (1) basic insurance policies; (2) standard insurance policies; and (3) special insurance policies for eligible low income individuals.

The basic insurance policy provides only for very limited medical coverage and other PIP benefits such as income continuation, essential services and death benefits are not included.

In the special insurance policy for eligible low income individuals, there is even a more limited medical coverage than the basic policy, but it does allow for a $10,000.00 death benefit.

With respect to the standard policy, the Act provides for all the coverages that were formerly considered to be basic, including $250,000.00 in medical coverage, income continuation benefits, and funeral expenses. Extended options are also available for an extra premium.

Normally, when an individual is injured in an automobile accident, the injured party provides the medical provider with an Assignment of Benefits. This form permits the medical provider to treat the individual to the extent the medical provider deems appropriate and then file a claim, standing in the patient’s shoes so to speak, generally, for unpaid medical expense benefits. Under the New Jersey law, an individual is required to pay the selected policy deductible and 20% co-pay up to $5,000.00 ($1,000.00). Thereafter, the injured party’s insurance company is responsible for payment of medical expense benefits up to a ceiling of $250,000.00, for all medically necessary treatment of “permanent or significant brain injury, spinal cord injury or disfigurement or for medically necessary treatment of other permanent or significant injuries rendered at a trauma center or acute care hospital immediately following the accident and until the patient is stable.”

The New Jersey No-Fault System is a complicated process, which requires each medical provider to jump over many hurtles in order to recover payment for services rendered. In most situations, a medical provider must apply for pre-certification of services to be rendered, with certain exceptions. If the pre-certification request is not granted by the patient’s insurance company, then the medical provider is required to submit additional documentation and/or exhaust an internal appeal process with that patient’s auto insurer claims representative.

After the internal appeal period has transpired, if pre-certification is not granted, the medical provider will normally then retain the services of an attorney, such as this law firm, to file a no-fault arbitration claim, which, pursuant to AICRA, must be instituted with the National Arbitration Forum (NAF).

There are specific forms and rules promulgated by the NAF which apply to the filing, processing and execution of No-Fault claims in order to obtain an arbitration hearing. Depending on the severity of the claim, the medical provider will often testify either telephonically or in person at the arbitration hearing as the medical provider must prove the medical necessity, reasonableness, and causal relation to the accident for all medical services performed. The determination of the Dispute Resolution Professional (Arbitrator) is final and binding with limited rights for appeal.

Perfection of claims under the No-Fault Law in New Jersey has evolved into a very complex, time exhaustive, paper intensive process. Accumulating the proper medical documentation, as well as navigating through a morass of strict procedural requirements in ultimate payment of the claim in the No-Fault arbitration forum requires specialized skills and knowledge.

Since most insureds are unaware of either (1) which policy benefits they are entitled to under New Jersey No-Fault Law or (2) how to obtain treatment after their own insurance company denies benefits, it is essential that each injured individual contact an attorney well versed in no-fault arbitration claims in order to be fully protected.

The undersigned sat as a permanent No-Fault Arbitrator, now known as a Dispute Resolution Professional (“DRP”) from 1999 (when AICRA was first effected) until 2002; at that time the New Jersey no-fault claims forum was administered by the American Arbitration Association. The law firm has handled thousands of no-fault claims on behalf of both insureds and their medical providers in all areas of medicine. When any questions arise with respect to what benefits are available, the nature of a claim, and how it is prosecuted, it is extremely important to contact this law firm for advice so that your rights may be fully protected.

To find more articles about New Jersey  Personal Injury can be found at New-Jersey-Lawyers.com.  new jersey Personal Injury lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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New Jersey Worker’s Compensation Law & Permanent Disability

Nov 1

Posted by admin in Workers Compensation | No Comments


The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

In New Jersey, an employee who is injured while at work is entitled to free medical benefits, temporary disability benefits, and (if appropriate) an award for permanent disability. The first two benefits are generally provided by the employer immediately after the injury without the assistance of legal counsel. However, the third aspect, concerning the permanency of the injury, is often highly contested. It is at this stage that selecting the right attorney to pursue your claim is invaluable.

Your attorney will begin the litigation process by filing a formal Claim Petition. Once the claim is filed, the process of accumulating the records from the treating doctors begins. Pursuant to the laws of New Jersey, your employer will provide all records in their possession to your attorney free of charge. Once all of the records are received, they will be sent to a neutral doctor who will perform an evaluation to determine your degree of permanent disability. In addition, your employer will also require that you attend a physical or mental examination with a physician of their choice for an estimation of disability.

Once the separate reports are received, the negotiation process begins and each party’s respective positions as to permanent disability are presented to the Judge of Compensation. He or she will review these reports and make a recommendation as to the percentage of the disability. If the parties agree with the Court’s determination, the matter is scheduled for a date in which the Court can formally approve the settlement. In New Jersey law, all workers’ compensation settlements must be approved by a Judge of Compensation in open court. If the parties cannot agree on a settlement, a formal trial will be conducted at which time testimony of witnesses will be heard. At the conclusion of all of the testimony, the Judge will deliver a decision regarding permanent disability, which is binding on all parties.

As always, if you have any questions, please do not hesitate to contact us at Kamensky Cohen for assistance with all of your Workers’ Compensation questions.

Other New Jersey workers compensation Legal articles can be found on New-Jersey-Lawyers.com. You can find  NJ workers comp Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyers or NJ Law firms

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Suing the State of NJ or A City Government for an Injury?

Oct 25

Posted by admin in Personal Injury | No Comments


The following article was written by Kamensky- Cohen and can be found on New-Jersey-Lawyers.com

What you need to know if you are injured as a result of negligence on the part of the State, a Municipality or a State Agency in New Jersey.

A personal injury action against the State of New Jersey, a state agency or a municipality may be forever barred if you fail to notify the State, state agency or municipality who is at fault for your injuries within 90 days of the incident. (There is a similar requirement in Pennsylvania as well)  In New Jersey, you may not be able to file a complaint against a public entity  if you fail to provide notice. The New Jersey Torts Claim Act, codified at N.J.S.A. 59:8-4, was enacted to provide a public entity “with sufficient information to enable it promptly to evaluate its liability and potential exposure and, if it chooses, to correct a defective condition and also to engage in settlement negotiations prior to the commencement of suit.” Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004)(quoting Newberry v. Township of Pemberton, 319 N.J. Super. 671, 675 (App. Div. 1999). See also Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000).

The Torts Claims Act, states that a notice of claim must be provided to the public entity within ninety days following the accrual of the cause of action. (See N.J.S.A. 59:8-8). The accrual date is the date in which the accident that causes injury occurs. Beauchamp v. Amedio, 164 N.J. 111, 123 (2000). The accrual date can be tolled  in limited circumstances. “Tolled” means that the accrual date is put on hold. For instance, the accrual date can be tolled if the injured party does not know that he or she was injured or that a specific third party is responsible for those injuries. Id.

A notice of claim form for the State of New Jersey can be found on the state’s website. It simply asks for information about the person who was injured, how those injuries occurred and the injuries sustained Oftentimes, municipalities have specific forms that are available by request only. Although the notice of claim form appears to be self explanatory, your rights will be best served by having an attorney to help in filling out the notice of claim form and to follow up, possibly negotiate a settlement and/or file a complaint on your behalf.

Although there are certain exceptions that allow a claimant to file a late notice of tort claim, (only with permission by the court), if you are injured and you believe that injury is caused in whole or in part by a state agency, it is important that you seek legal counsel as soon as possible.  If you sit on your rights you may not be able to file a lawsuit against the state agency who is responsible for your injuries. Kamensky Cohen has obtained substantial settlements from state agencies for injuries caused to our clients. If our clients had not sought legal counsel as soon as possible, those settlements may not have been possible.

Other New Jersey Personal Injury Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyers or NJ Law firms

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What To Do If You Have Slipped Or Fallen In A Store – part 2

Aug 21

Posted by admin in News | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

3. WITNESSES:

If anyone saw how or why you slipped or tripped, obtain the names, addresses and telephone numbers of eyewitnesses, and make sure you obtain this information yourself.  This is extremely important when there are different stories as to how the accident happened, for example, when the business claims to have inspected or cleaned the area just prior to the incident, or when they claim that they their surveillance cameras weren’t working or weren’t on at the time of the incident, etc.

If you don’t obtain witness information at the scene, it is probably lost forever.

4. PHYSICAL EVIDENCE:

If you were caused to slip on a wet substance, and got on your clothes or shoes, then please do not wash them and do not throw them away, but save them in this condition.  Similarly, if your clothes were torn, or got blood on them, preserve them in this condition.  Save your receipt to prove the date and time you were at their business.  If the injury involves snow or ice, you must take pictures as soon as possible before it melts, so you are able to prove the condition that caused your fall — if you don’t do this immediately, you have lost the opportunity to photograph the dangerous condition.

If you were bruised or have other obvious signs of injury, you should also have someone take pictures of any bruises on your body – black and blue marks, bruises, cuts, anything that proves that there were forces to your body from the incident.  This evidence proves that your body experienced a forceful blow, and the photos will help contradict the defendant’s insurance company’s doctor who will certainly have a great resume, and who will say that you are not injured at all, or not as seriously as your own doctor testifies

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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What To Do If You Have Slipped Or Fallen In A Store – part 1

Aug 14

Posted by admin in Personal Injury | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

1. CONTACT THE MANAGER OF THE STORE:

We seem to be programmed after we fall in a public place, to feel embarrassed and walk away hoping no one saw us. The problem with this behavior is that the store isn’t notified of the incident, how it happened, whose fault it is and if you are injured. If you are hurt and it is because of a problem they caused or allowed to exist, they should be made aware of it right after it happened so that they can see that it was their fault, if that is the case.  Inform the manager that you want an incident report completed.

2. THE INCIDENT REPORT:

Inform the manager of the details of how you slipped or tripped, and of any specific symptoms you are experiencing.  Point out the dangerous condition so that they could witness it themselves, and so that they can fix it before anyone else gets hurt.

Also, it is important to obtain a copy of the incident report. Before you sign anything, make sure that they will agree to give you a copy of whatever you sign, before you sign it.  If they refuse to promise you a copy, then don’t sign it – things could be added to the form after you gave it to them, and if you don’t have a copy you can’t prove they altered your statement.  (People do drastic things at times if they feel they may lose their job or affect their standing with the company).

The balance of this article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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Injuries at Work, and Workers Compensation – part2

Aug 8

Posted by admin in Workers Compensation | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

What types of accidents give rise to a workers compensation claim?

* Specific Accident Claims – These are regular, everyday accidents. They include, but are not limited to, falls, motor vehicle accidents, machinery, and lifting injuries.  Please note, an injury is still covered under Workers Comp even if the worker caused his own accident. The only issue is whether the worker was injured while performing his job.

* Repetitive Motion Claims – The repetitive motion and strain of a job can cause a work related injury. The most common examples are jobs where a worker has to do a lot of lifting, or doing the same movements over and over.  For example, jobs that require constant typing can cause carpal tunnel syndrome.  In a Repetitive Motion Claim, there is no one particular incident that caused the worker to sustain the injury, but the repetitive wear and tear of the job caused the worker’s body to break down.

* Occupational Exposure Claims – Workers may be exposed to harmful elements on the job.  These can include  chemicals, asbestos, and other noxious elements.  Over time, this exposure may cause a worker to suffer lung disease, cancer, heart problems, or mesothelioma.  A worker who suffers from this type of Occupational Exposure is entitled to receive Workers Compensation benefits.

The entire article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com . Other sources of NJ Lawyers can be found on NJ lawyer or NJ Law firms

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What To Do If Your Are Involved In A Motor Vehicle Collision part 2

Jul 30

Posted by admin in Automobile Accidents | No Comments


The following article was written by Andrew F. Garruto, Attorney at Law and can be found on New-Jersey-Lawyers.com

5. EXCHANGE INFORMATION WITH THE OTHER DRIVER:

Obtain the names and addresses of all other drivers involved, along with the names and addresses of other passengers. Write down the vehicle information from the registration cards of all cars involved in the accident, as well as the insurance information [name, address and policy numbers]. If you notice that their insurance or registration has expired, inform the police

6. DO NOT ASSUME THAT THE POLICE REPORT WILL CONTAIN ALL AVAILABLE INFORMATION:

This is particularly true of names and addresses and telephone numbers of eyewitnesses, so make sure you get this information yourself. This is extremely important when there are different stories as to how the accident happened, for example, when both drivers at an intersection accident claim to have had a green light, when it’s only possible for one of them to have had a green light.

If you don’t obtain witness information at the scene, it is probably lost forever.

7. POINT OUT ANY PHYSICAL EVIDENCE TO THE POLICE:

By physical evidence, I mean any debris from the cars in the roadway, any skid marks from the vehicles involved, damage to each of the vehicles, as well as any physical signs of injury (bruise, laceration, etc.).

8. WRITE DOWN THE DETAILS OF THE ACCIDENT:

It is a good idea to write down what happened soon after the accident. The sooner you make notes of the details of the accident, the more information will be preserved for later, before your memory may fade and some of the specifics are lost. Your note should include date and time, road conditions, weather conditions and speed of all other vehicles involved. It is also a good idea to draw a diagram of the accident showing the position and direction of the vehicles just prior to and after the accident.

9.  REPORT THE ACCIDENT TO YOUR INSURANCE COMPANY:

Your insurance company is responsible for the payment of your medical bills, and must be promptly notified of the crash and of your injuries. Frequently the insurance company will ask you for a tape-recorded statement, and I suggest that you do not do so without an attorney. I give this advice because your insurance company often is your adversary when you present claims, and also because I may have serious problems with the way the questioner interrogates you  – they may be suggesting answers that may not be true, may suggest facts in their questions, or other tricky or confusing questions.

10. IF YOU ARE INJURED IN THE ACCIDENT:

If you are in pain, go to the Emergency Room or see a doctor as soon as possible.  Potentially serious and costly injuries may not be evident at first; let these experts evaluate you and determine if your injuries require treatment.

11. TAKE PICTURES:

Take pictures of the accident scene, skid marks, and damage caused to your vehicle.  If you were bruised or have other obvious signs of injury, you should also have someone take pictures of any bruises on your body – black and blue marks, bruises from seatbelts, anything that proves that there were forces to your body from the crash.  This evidence proves that your body experienced a forceful blow, and the photos will help contradict the defendant’s insurance company’s doctor who will certainly have a great resume, and who will say that you are not injured at all, or not as seriously as your own doctor testifies.

The entire  article can be found here.

Other New Jersey Legal articles can be found on New-Jersey-Lawyers.com. You can find  New Jersey Personal Injury Lawyers on New-Jersey-Lawyers.com .  Other sources of NJ Lawyers can be found on  NJ lawyer or NJ Law firm

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A Lawyer’s Guide to Automobile Insurance in NJ

Apr 6

Posted by admin in Personal Injury | No Comments



The following article was written by Kamensky-Cohen & Associates and can be found on New-Jersey-Lawyers.com

Introduction:

This purpose of this guide is to help you, when purchasing auto insurance, to select the coverage that will best protect you and your family if you are ever involved in an auto accident. If you have any questions left unanswered by this pamphlet or would like a lawyer’s opinion about your auto insurance policy, call Kamensky – Cohen & Associates for a free consultation.

The New Law:

The new auto insurance law in New Jersey that went into effect in 1999 has made significant changes to your coverage and we have some critical consumer tips, which we believe will protect you and your family. The first and foremost of these tips is never select the “basic policy”. When it comes time to renew your auto insurance, you’ll have to choose between what government regulators have named the “basic policy” and the better levels of coverage found in a “standard policy”. The standard policy will protect you and your family. The cheaper “basic policy” is so lacking in coverage that it provides little more than an insurance card. The “basic policy” only provides limited medical coverage and trivial liability coverage. No individual or family with any assets or income from a job should buy such a policy. Without liability coverage, you can be personally sued. If successful, a judgment can dramatically affect your financial future, your credit rating and even your ability to own or drive a car!

To read the balance of this article click here

A directory of NJ Lawyers for all of your New Jersey legal needs including Personal Injury can be found at www.New-Jersey-Lawyers.com

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