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Personal Injury Lawyer Newark NJ (5 Star Client Reviews)

Personal Injury Lawyer Somerset County NJ

PERSONAL INJURY LAWYER NEWARK, NEW JERSEY

Unfortunately, people get hurt in Newark accidents through no fault of their own.  When they do, it is important that they seek the assistance of an experienced Newark NJ Personal Injury Lawyer.  Super Lawyers is an organization that ranks the best lawyers in Newark and throughout New Jersey.  Attorney Daniel Sloan has been named to its Rising Stars list since 2016.  He has recovered millions for his clients. 

Newark NJ Personal Injury Attorney – Call (908) 358-2938

Personal injury cases are complex and winning them requires an understanding of all aspects of the law in New Jersey.  Handling them on your own is not advisable.  Defense attorneys and insurance adjusters have a great deal of experience handling injury claims.  It is important to have experience on your side too.  On behalf of the client, the Sloan Law Firm will focus on:

  • Getting medical bills paid
  • Recovering compensation for pain and suffering
  • Recuperating lost wages

The Sloan Law Firm handles many different personal injury cases in Newark, NJ, including:

SLIP AND FALL ACCIDENTS IN NEWARK

Newark NJ Slip and Fall Attorney

Premises liability cases usually involve “slip and fall” or “trip and fall” accidents.  Slip and fall accident cases are complex and it is important that anyone injured in this manner consult a New Jersey slip and fall lawyer.  The first question when examining a New Jersey slip and fall lawyer usually asks about is the location of the accident.  The reason why this is important is because it is much easier to prove a negligence against a commercial landowner than it is to prove against a residential landowner in New Jersey.  Anyone examining a court docket could immediately determine that many cases are against commercial entities such as:

  •             Big-box stores
  •             Home improvement stores
  •             Grocery stores
  •             Apartment complexes
  •             Business complexes

New Jersey premises liability law requires big-box stores, home improvement stores, grocery stores, apartment complexes, business complexes and other commercial landowners to repair or to prevent conditions that could result in someone being hurt.  This includes the sidewalks surrounding the property.  Failure to do so may result in the commercial landowner being held liable for injuries.  

In order to prove that a commercial entity is negligent, an injured victim generally must prove that there was a dangerous or hazardous condition on the premises and that the commercial landowner had knowledge of it.  This is typically done with the help of an expert.  Experts are permitted to give opinions when testifying in court. 

Causes of Slip & Fall Accidents

  •             Snow and ice accidents
  •             Re-freezing incidents
  •             Spills
  •             Debris such as wet leaves and garbage
  •             Indoor paint on an outdoor surface
  •             Non-slip resistant flooring
  •             No railing
  •             Improper lighting

NEWARK NJ CAR ACCIDENTS

Newark NJ Car Accident Lawyer

One of the first steps in examining an auto accident case in Newark, New Jersey is to review the police crash investigation report.  Many times, auto accidents are the result of a rear-end impact, an improper left-hand turn or carelessly entering a traffic intersection.  As a general rule, drivers that cause a rear-end impact to the vehicle in front of them or drivers making a left-hand turn that results in an impact are negligent.  In addition, any driver that does not stop at an intersection with a stop sign or a red light is clearly negligent.  Occasionally, there are cases where a passenger is injured in a two-car accident and both drivers are negligent.  For these reasons, the police report is a very important document in any auto accident case to determine who was at fault.

Generally, the police report will also identify any aggravating circumstances involved in the auto accident.  For example, the police report may identify whether any driver involved in an accident was under the influence of alcohol or whether the accident was a Hit and Run.  

Types of Newark NJ Auto Accidents:

  • Car Accidents
  • Truck Accidents
  • Tractor-Trailer Accidents
  • Bus Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Pedestrian Accidents
  • Taxi Accidents
  • Uber Accidents
  • Lyft Accidents
  • Crosswalk accidents
  • Parking Lot Accidents

NEWARK NJ MOTORCYCLE ACCIDENTS

Newark NJ Motorcycle Accident Lawyer

Motorcycles have always been allowed on the New Jersey Turnpike.  However, this has not always been true for the Garden State Parkway. Motorcyclists were allowed on Garden State Parkway when it opened in 1951.  In 1961, things changed for motorcyclists in New Jersey.  Believe it or not, operating a motorcycle on the Garden State Parkway between 1961 and 1975 was illegal because of the personal injury and property damage due to motorcycle accidents.  In 1975, Governor Byrne signed a bill allowing motorcyclists to operate on the Garden State Parkway again under pressure from motorcycle groups, provided they abide by new safety rules, including the use of protective gear and minimum power.

New Jersey residents operating a motorcycle must have either: (1) a motorcycle endorsement on their existing driver license or (2) a separate motorcycle license. All motorcycles must be titled, registered and insured.  Under the New Jersey Helmet Law:

No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.

New Jersey recommends the following safety tips for motorists traveling near or around motorcyclists: 

  • Be Alert for Motorcycles – Heavy traffic could hide a motorcycle. Be aware constantly.
  • Anticipate Hazards for Motorcycles – Be prepared to react to poor road conditions, such as debris or oil slicks, railroad tracks or raised manhole covers.
  • Do Not Tailgate Motorcycles – They require less stopping distance than other vehicles.
  • Share the Road – Sharing the road will save lives. Motorcyclists and motorists abide by the same traffic laws. To avoid crashes, obey speed laws, warning signs and traffic signals. Share the road. Remember that motorcycles are much smaller and maneuver faster than other vehicles, so always check your mirrors twice.

Motorcycle Accidents in New Jersey

Despite the safety precautions, there are occasions when motorcyclists are involved in auto accidents. Between 2007 to 2016, motorcycle fatalities varied. In 2011, New Jersey recorded the highest number of fatalities (93).  In 2015, New Jersey recorded the lowest number (50).  New Jersey recorded over 12,000 motorcycle crashes between 2011 and 2015.

Common Causes of Motorcycle Accidents in New Jersey

Operating a motorcycle on the New Jersey Turnpike, the Garden State Parkway or any other roadway in New Jersey can be dangerous.  The dangers associated with operating a motorcycle can increase when the following conditions are present:

  • Driver fatigue
  • Construction on the roadway
  • Inexperience
  • Road construction
  • Poor visibility
  • Slippery conditions involving oil, rain or ice
  • Road Bends, Curves and hills

It is important for anyone injured in a New Jersey motorcycle accident through no fault of their own to consult with a Newark New Jersey Motorcycle Accident Lawyer because, many times, the injuries are severe.   The Sloan Law Firm handles accidents involving motorcycles, ATVs, Dirt Bikes and any other type of motorcycle in Newark, New Jersey. 

TRUCK ACCIDENTS IN NEWARK, NEW JERSEY

Newark NJ Truck Accident Lawyer

The trucking industry is a very important for the United States and the New Jersey Turnpike is one of the main thoroughfares.  Every day, thousands of semi-trailer and tractor-trailers traverse the New Jersey Turnpike as well as the U.S. Route 46, Route 3, Route 21 and Route 19.  Unfortunately, there are incidents of truck accidents on our roadways.  It is important for anyone injured due to a truck accident in New Jersey to consult with a New Jersey Truck Accident Lawyer.

Common Causes of Newark, NJ Truck Accidents

  • Driver fatigue
  • Slippery roadways
  • Reckless driving
  • Blind spots
  • Mechanical problems
  • Road design
  • Traffic signal errors

New Jersey truck accident can be heartbreaking because they generally involve severe injuries and fatalities.  Because of the inherent dangers associated with truck accidents, the Federal Motor Carrier Safety Regulations are comprehensive.  A violation of any of these regulations by the truck driver or the trucking company may be used to establish negligence.  New Jersey has its own wide-ranging motor vehicle laws.  Any violation of New Jersey motor vehicle laws may also be used to establish negligence by the truck driver or trucking company in an injury case involving a semi or tractor-trailer.  For example, tractor-trailers are sometimes not permitted in the left lane on a highway.  There is a reason for this law.  Namely, the truck can cause an accident.  Driver visibility is not very good on the right side of any vehicle, particularly for trucks.  It is never a good idea to pass a truck on the right. 

Newark New Jersey Truck Accident Attorney

The Sloan Law Firm handles injury cases involving tractor-trailers, semis or any type of truck arising from an accident on the New Jersey Turnpike, Garden State Parkway, U.S. Route 22, Route 21, U.S. Route 1/9 or any New Jersey roadway.  If you or a loved one has been injured in a truck accident and would like to discuss the matter with a New Jersey Personal Injury Attorney, call the Sloan Law Firm 24 hours a day at: (908) 358-2938.  The initial consultations are always free. 

BURNS AND SCARRING ACCIDENTS IN NEWARK, NJ

Burn injuries are not always caused by fire.  Heat, cold, electricity, chemicals, friction, or radiation can all be causes of a burn injury.  Most burns are due to heat from hot liquids, solids, or fire.  However, vehicle crash fires, contact with electricity, scalding liquids, or hot objects such as home radiators can also cause severe burn injuries.

Burn injuries are divided into four categories: First Degree Burns, Second Degree Burns, Third Degree Burns and Fourth Degree Burns. 

First Degree Burns 

First Degree burns are the least severe.  They seldom leave scars. A victim can sustain a first degree burn though contact with hot water or flame, a minor sunburn, or hot metal. First degree burns are painful but do not cause nerve damage.  Hospitalization is rare.

Second Degree Burns

A Second Degree is one in which the burn infiltrates the second layer of skin.  Scars are possible.  Hospitalization is sometimes necessary to treat a second-degree burn.  In New Jersey, many victims are treated at The Burn Center at Saint Barnabas in Livingston. 

Third Degree Burns

Three Degree burns are very severe. The burn travels through all three layers of skin.  It is possible for a burn victim to survive a third-degree burn.  Hospitalization is immediately necessary.   

Fourth Degree Burns

Fourth Degree Burns are the most severe.  It is very difficult to survive a fourth-degree burn.  Immediate hospitalization is necessary. 

Burn Injury Treatment

Severely injured victims require immediate hospitalization.  Afterwards, specialized care is necessary, which may include one or more skin grafts.  Depending on the severity of the injury and the impact on the victim, long-term physical and psychological treatment may be required.

NEWARK, NJ DOG BITES

Newark NJ Dog Bite Lawyer

Unlike most other states, the liability of a dog owner for a dog bite is governed by statute in New Jersey.   N.J.S.A. 4:19-16 provides:

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.

For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.

Strict Liability

There are a few important aspects of the dog bite statute to point out.  First, the statute makes dog owners strictly liability whenever his or her dog bites someone else.  Generally, a plaintiff in a personal injury case must prove negligence.  This is difficult because many times the plaintiff must find an expert to render an opinion and testify in court as to a defendant’s negligence.  In a dog bite case, a plaintiff does not have to do so.  Under New Jersey’s dog bite law, an owner of a dog that bites another is negligent as a matter of law.  The plaintiff does not have to prove negligence at trial.  The plaintiff does not have to prove that the dog owner knew or should have known that the dog was vicious.  The issue simply whether or not the dog bit another. 

Dog Ownership

There are a few issues, however, that must be addressed before strict liability is applied to a dog bite case.  In many cases, the owner of the dog is not so readily identifiable.  Under the dog bite statute, a dog owner is not defined so the courts are often forced to address the issue.  New Jersey’s courts have been reluctant to identify a landlord as a dog owner.  However, the courts have found that co-inhabitants can both be owners of the dog.  Unless ownership is clear, the courts essentially have to determine who the dog owner is on a case by case basis. 

Lawfully Upon Private Property

It is also important to remember that the victim must be on the property lawfully.  Those that enter the property illegally are generally not able to collect compensation for dog bite injuries.  Sometimes, there are issues as to implied invitation.  In cases of implied invitation, the issue may have to be determined at trial.

Provocation

Those injured as a result of a dog that he or she provoked are not usually entitled to compensation.  In some cases, a trial is the only way to determine whether the dog was provoked because what is and what is not provocation can be in dispute.  Is teasing the dog provocation?  Some jurors may so yes and some may say no.

A person injured in New Jersey as a result of a dog bite must therefore show three elements for the owner to be liable:

  • The defendant is the owner of the dog;
  • The dog bit the injured party; and
  • The bite occurred while the injured person was in a public place or lawfully in a private place, including the dog owner’s property.

Any person injured as a result of a dog bite is entitled to compensation when these elements are satisfied assuming none of the exceptions apply.

THE SLOAN LAW FIRM WORKS ON A CONTINGENCY BASIS – NO RECOVERY, NO FEE

The Sloan Law Firm works on a contingency basis when handling personal injury cases, which means there is no upfront legal expenses and there is no attorney fee unless damages are recovered on behalf of the client.

Personal Injury Lawyer Newark NJ
THE SLOAN LAW FIRM 

(908) 358-2938

If you or a loved one has been hurt in a Newark, NJ auto accident and need to speak to an experienced Newark NJ Personal Injury Attorney, you can reach the Sloan Law Firm at: (908) 358-2938.  Attorney Daniel Sloan has recovered millions on behalf of his clients. He will fight aggressively for you.

RECENT CAR ACCIDENT RESULTS

  • $1,000,000 Recovery – Pedestrian hit by motor vehicle
  • $850,000 Recovery – Motorist struck by truck on highway
  • $250,000 Recovery – Husband and wife struck from behind on highway

CALL TODAY – (908) 358-2938 FOR A FREE PERSONAL INJURY CASE REVIEW

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Personal Injury Lawyer Clifton NJ (5 Star Client Reviews)

Long Branch NJ Personal Injury Lawyer

PERSONAL INJURY LAWYER CLIFTON, NEW JERSEY

Clifton, New Jersey is a popular town with a vibrant shopping district, expansive parks and recreations activities as well as top-rated restaurants.  Unfortunately, people still get hurt at times.  When they do, it is important that they seek the assistance of an experienced Clifton NJ Personal Injury Lawyer.  Super Lawyers is an organization that ranks the best lawyers in Clifton and throughout New Jersey.  Attorney Daniel Sloan has been named to its Rising Stars list since 2016.  He has recovered millions for his clients.

Clifton NJ Personal Injury – Call (908) 358-2938

Personal injury cases are complex and winning them requires an understanding of all aspects of the law in New Jersey.  Handling them on your own is not advisable.  Defense attorneys and insurance adjusters have a great deal of experience handling injury claims.  It is important to have experience on your side too.  On behalf of the client, the Sloan Law Firm will focus on:

  • Getting medical bills paid
  • Recovering compensation for pain and suffering
  • Recuperating lost wages

The Sloan Law Firm handles many different personal injury cases in Clifton, NJ, including:

CLIFTON NJ CAR ACCIDENTS

Clifton NJ Car Accident Lawyer

One of the first steps in examining an auto accident case in Clifton, New Jersey is to review the police crash investigation report.  Many times, auto accidents are the result of a rear-end impact, an improper left-hand turn or carelessly entering a traffic intersection.  As a general rule, drivers that cause a rear-end impact to the vehicle in front of them or drivers making a left-hand turn that results in an impact are negligent.  In addition, any driver that does not stop at an intersection with a stop sign or a red light is clearly negligent.  Occasionally, there are cases where a passenger is injured in a two-car accident and both drivers are negligent.  For these reasons, the police report is a very important document in any auto accident case to determine who was at fault.

Generally, the police report will also identify any aggravating circumstances involved in the auto accident.  For example, the police report may identify whether any driver involved in an accident was under the influence of alcohol or whether the accident was a Hit and Run.  

Types of Clifton NJ Auto Accidents:

  • Car Accidents
  • Truck Accidents
  • Tractor-Trailer Accidents
  • Bus Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Pedestrian Accidents
  • Taxi Accidents
  • Uber Accidents
  • Lyft Accidents
  • Crosswalk accidents
  • Parking Lot Accidents

CLIFTON NJ MOTORCYCLE ACCIDENTS

Clifton NJ Motorcycle Accident Lawyer

Motorcycles have always been allowed on the New Jersey Turnpike.  However, this has not always been true for the Garden State Parkway. Motorcyclists were allowed on Garden State Parkway when it opened in 1951.  In 1961, things changed for motorcyclists in New Jersey.  Believe it or not, operating a motorcycle on the Garden State Parkway between 1961 and 1975 was illegal because of the personal injury and property damage due to motorcycle accidents.  In 1975, Governor Byrne signed a bill allowing motorcyclists to operate on the Garden State Parkway again under pressure from motorcycle groups, provided they abide by new safety rules, including the use of protective gear and minimum power.

New Jersey residents operating a motorcycle must have either: (1) a motorcycle endorsement on their existing driver license or (2) a separate motorcycle license. All motorcycles must be titled, registered and insured.  Under the New Jersey Helmet Law:

No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.

New Jersey recommends the following safety tips for motorists traveling near or around motorcyclists: 

  • Be Alert for Motorcycles – Heavy traffic could hide a motorcycle. Be aware constantly.
  • Anticipate Hazards for Motorcycles – Be prepared to react to poor road conditions, such as debris or oil slicks, railroad tracks or raised manhole covers.
  • Do Not Tailgate Motorcycles – They require less stopping distance than other vehicles.
  • Share the Road – Sharing the road will save lives. Motorcyclists and motorists abide by the same traffic laws. To avoid crashes, obey speed laws, warning signs and traffic signals. Share the road. Remember that motorcycles are much smaller and maneuver faster than other vehicles, so always check your mirrors twice.

Motorcycle Accidents in New Jersey

Despite the safety precautions, there are occasions when motorcyclists are involved in auto accidents. Between 2007 to 2016, motorcycle fatalities varied. In 2011, New Jersey recorded the highest number of fatalities (93).  In 2015, New Jersey recorded the lowest number (50).  New Jersey recorded over 12,000 motorcycle crashes between 2011 and 2015.

Common Causes of Motorcycle Accidents in New Jersey

Operating a motorcycle on the New Jersey Turnpike, the Garden State Parkway or any other roadway in New Jersey can be dangerous.  The dangers associated with operating a motorcycle can increase when the following conditions are present:

  • Driver fatigue
  • Construction on the roadway
  • Inexperience
  • Road construction
  • Poor visibility
  • Slippery conditions involving oil, rain or ice
  • Road Bends, Curves and hills

Clifton NJ Motorcycle Accident Lawyer – Free Consultations Available

It is important for anyone injured in a New Jersey motorcycle accident through no fault of their own to consult with a New Jersey Motorcycle Accident Lawyer because, many times, the injuries are severe.   The Sloan Law Firm handles accidents involving motorcycles, ATVs, Dirt Bikes and any other type of motorcycle in New Jersey. 

TRUCK ACCIDENTS IN CLIFTON, NJ

Clifton NJ Truck Accident Lawyer

The trucking industry is a very important for the United States and the New Jersey Turnpike is one of the main thoroughfares.  Every day, thousands of semi-trailer and tractor-trailers traverse the New Jersey Turnpike as well as the U.S. Route 46, Route 3, Route 21 and Route 19.  Unfortunately, there are incidents of truck accidents on our roadways.  It is important for anyone injured due to a truck accident in New Jersey to consult with a New Jersey Truck Accident Lawyer.

Common Causes of Clifton, NJ Truck Accidents

  • Driver fatigue
  • Slippery roadways
  • Reckless driving
  • Blind spots
  • Mechanical problems
  • Road design
  • Traffic signal errors

New Jersey truck accident can be heartbreaking because they generally involve severe injuries and fatalities.  Because of the inherent dangers associated with truck accidents, the Federal Motor Carrier Safety Regulations are comprehensive.  A violation of any of these regulations by the truck driver or the trucking company may be used to establish negligence.  New Jersey has its own wide-ranging motor vehicle laws.  Any violation of New Jersey motor vehicle laws may also be used to establish negligence by the truck driver or trucking company in an injury case involving a semi or tractor-trailer.  For example, tractor-trailers are sometimes not permitted in the left lane on a highway.  There is a reason for this law.  Namely, the truck can cause an accident.  Driver visibility is not very good on the right side of any vehicle, particularly for trucks.  It is never a good idea to pass a truck on the right. 

Personal Injury Attorney Clifton NJ
THE SLOAN LAW FIRM

If you or a loved one has been hurt in a Clifton, NJ accident and need to speak to an experienced Clifton NJ Personal Injury Attorney, you can reach the Sloan Law Firm at: (908) 358-2938.  Attorney Daniel Sloan handles car accidents, motorcycle accidents, truck accidents and all other personal injury cases.  He has recovered millions on behalf of his clients.

THE SLOAN LAW FIRM WORKS ON A CONTINGENCY BASIS – NO RECOVERY, NO FEE

The Sloan Law Firm works on a contingency basis when handling personal injury cases, which means there is no upfront legal expenses and there is no attorney fee unless damages are recovered on behalf of the client.

RECENT CAR ACCIDENT RESULTS

  • $1,000,000 Recovery – Pedestrian hit by motor vehicle
  • $850,000 Recovery – Motorist struck by truck on highway
  • $250,000 Recovery – Husband and wife struck from behind on highway

CALL TODAY – (908) 358-2938 FOR A FREE REVIEW OF YOUR PERSONAL INJURY CASE

Does The Sloan Law Firm Handle Personal Injury Cases Near Me?

Yes. Personal injury cases arising out of Clifton are handled in the Passaic County Superior Court. The Sloan Law Firm handles personal injury cases in Passaic County Superior Court and throughout New Jersey.

PERSONAL INJURY FREQUENTLY ASKED QUESTIONS (FAQs)

Yes. It is always a good idea to seek assistance from a personal injury attorney in order to explore your legal options. Many times, the initial consultation is free and, in that case, there is really no downside. More questions? Visit: sloanlawfirmnj.com or call (908) 358-2938.
Yes. Recovering damages for pain and suffering are always available to an injury victim. However, the amount of a pain and suffering award may be reduced depending upon the liability determination. More questions? Visit: sloanlawfirmnj.com or call (908) 358-2938.
No. But, it is important to discuss your case with a personal injury lawyer. Many times, a personal injury lawyer can maximize the amount of pain and suffering offered to an injury victim. More questions? Visit: sloanlawfirmnj.com or call (908) 358-2938.
If there was just property damage, most likely you do not need to consult with an attorney. If you sustained an injury through no fault of your own in a car accident, then it is important to discuss your case with an attorney. Car accident injury cases are complex and handling them properly is important. More questions? Visit: sloanlawfirmnj.com or call (908) 358-2938.
If the car accident was your fault and you have been sued, your insurance company will likely assign to you an attorney as it defends the claim. If you were injured through no fault of your own, a personal injury attorney will likely offer to represent you on a contingency fee basis and obtain a fee at the end of the case if there is a personal injury award. More questions? Visit: sloanlawfirmnj.com or call (908) 358-2938.

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Traffic Lawyer Bergen County NJ (5 Star Reviews)

Moving Violation Lawyer Union County NJ

TRAFFIC LAWYER BERGEN COUNTY, NJ  

Bergen County, NJ has nearly 3,000 miles of roadways.   As a result, traffic can be an issue at times for drivers and it is sometimes necessary for the police to issue traffic tickets to those that break the traffic laws.  For those charged with the more serious traffic violations, it is important to consult with a Traffic Lawyer in Bergen County, NJ who provides aggressive and experienced traffic ticket defense.  Traffic tickets issued out of Bergen County may include:

  • Speeding
  • Reckless driving
  • Careless driving
  • Tailgating
  • Unsafe lane change
  • Driving without insurance
  • Driving without registration
  • Unlicensed driver
  • Tinted windows
  • Unclear plates
  • Leaving the scene of an accident
  • Obstruction of traffic
  • Failure to stop at a stop sign
  • Failure to yield
  • Driving while suspended

If you receive a traffic ticket in Bergen County, your case will likely be handled in one of the many Bergen County Municipal Courts.

Traffic Lawyer Bergen County, NJ – (908) 358-2938

For those charged with a traffic infraction arising out of Bergen County, NJ, it is important to consult with a Bergen County, NJ traffic ticket lawyer as many traffic offenses carry significant penalties. These penalties may include motor vehicle points, fines, driver’s license suspension, and sometimes jail.

Remember: You Are Presumed Innocent

It important to remember that those charged with a moving violation arising out of Bergen County are presumed innocent.  This means that the State must prove your guilt before in court.  If the State cannot prove your guilt before the court, then the charges against you must be dismissed. This standard does not apply to parking tickets.

Bergen County NJ Traffic Ticket Attorney – Free Consultations Available 

The Sloan Law Firm handles traffic ticket offenses, including speeding, in Bergen County and throughout New Jersey.  The firm provides aggressive and experienced traffic ticket defense.  If you would like to speak with the Sloan Law Firm to discuss a Bergen County NJ traffic ticket, you can reach us at (908) 358-2938.  The initial consultation is free.

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Garden State Parkway & New Jersey Turnpike Car Accident Lawyer (5 Star Client Reviews)

Personal Injury Lawyer East Brunswick NJ

INJURED IN A CAR ACCIDENT ON THE GARDEN STATE PARKWAY OR NEW JERSEY TURNPIKE?

Every year, motorists are unfortunately injured on the Garden State Parkway and New Jersey Turnpike in car accidents. The New Jersey State Police recorded 527 auto accidents in 2018. Car accidents on these major highways are particularly dangerous due to the speed of the vehicles and, in some cases, the presence of tractor-trailers that significantly outweigh cars.

HOLDING NEGLIGENT DRIVERS RESPONSIBLE

Most car accidents in New Jersey are the result of driver negligence. Driver negligence can include:

  • Talking on cell phone
  • Texting on a cell phone
  • Watching video or TV on cell phone
  • DUI/DWI
  • Reading while driving
  • Falling asleep at the wheel
  • Unsafe lane change
  • Failing to maintain a lane

Driver negligence combined with the high rates of speed can result in car accidents that lead to catastrophic consequences. Serious and permanent injuries are not uncommon with the types of impacts sustained on the Garden State Parkway or the New Jersey Turnpike. These injuries may include:

  • Disc Herniations/Bulges
  • Non-displaced and displaced fractures
  • Shoulder Tears
  • Traumatic Brain Injury
  • Death
  • Amputation
  • Scarring/Disfigurement
  • spinal cord injury and paralysis
  • Post-traumatic stress disorder

The Sloan Law Firm represents victims of car accidents occurring on the Garden State Parkway or the New Jersey Turnpike. The firm seeks to obtain just compensation for those injured and hold the negligent drivers responsible.

OBTAINING COMPENSATION FOR THE CLIENT

On behalf of the client, we will seek to obtain compensation for medical bills, pain and suffering, loss wages and more. If the Sloan Law Firm does not obtain recovery, then there is no fee.

RECENT CAR ACCIDENT RESULTS

$1,000,000 Recovery – Pedestrian hit by motor vehicle

$850,000 Recovery – Motorist struck by truck on highway

$250,000 Recovery – Husband and wife struck from behind on highway

The Sloan Law Firm focuses on returning the lives of our clients back to what is was before the accident. For more than 10 years‚ Attorney Daniel Sloan has provided results for the clients he has represented that were involved in car accidents throughout New Jersey. His firm offers free consultations. If you have a question regarding a Garden State Parkway or New Jersey Turnpike car accident, call (908) 358-2938.

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Auto Accident Lawyer Bergen County, NJ (5 Star Reviews)

Long Branch NJ Personal Injury Lawyer

AUTO ACCIDENT LAWYER BERGEN COUNTY, NJ

Bergen County, NJ has both local and major roadways and is, therefore, not impervious to auto accidents.  Auto accidents can occur due to a variety of factors.  One factor that is usually always an element in an auto accident arising out of Bergen County, NJ is driver negligence.  For those injured in auto accidents in Bergen County, NJ through no fault of their own, it is sometimes necessary to consult with an Auto Accident Lawyer in Bergen County, NJ to explore all of the available legal options. 

Auto Accident Lawyer Bergen County, NJ – Call (908) 358-2938

One of the first steps in examining an auto accident case in Bergen County, New Jersey is to review the police crash investigation report.  Many times, auto accidents are the result of a rear-end impact, an improper left-hand turn or carelessly entering a traffic intersection.  As a general rule, drivers that cause a rear-end impact to the vehicle in front of them or drivers making a left-hand turn that results in an impact are negligent.  In addition, any driver that does not stop at an intersection with a stop sign or a red light is clearly negligent.  Occasionally, there are cases where a passenger is injured in a two-car accident and both drivers are negligent.  For these reasons, the police report is a very important document in any auto accident case to determine who was at fault.

Generally, the police report will also identify any aggravating circumstances involved in the auto accident.  For example, the police report may identify whether any driver involved in an accident was under the influence of alcohol or whether the accident was a Hit and Run.  

Types of Bergen County NJ Auto Accidents:

  • Car Accidents
  • Truck Accidents
  • Tractor-Trailer Accidents
  • Bus Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Pedestrian Accidents
  • Taxi Accidents
  • Uber Accidents
  • Lyft Accidents
  • Crosswalk accidents
  • Parking Lot Accidents

Bergen County NJ Car Crash Attorney – Free Consultations Available

Attorney Daniel Sloan has recovered millions of dollars on behalf of his clients involved in auto accidents. Super Lawyers is an organization that ranks the best personal injury lawyers in Bergen County and throughout New Jersey.  New Jersey Personal Injury Lawyer Daniel Sloan has been named to its Rising Stars list since 2016.  

The Sloan Law Firm provides free consultations in any type of auto accident case arising out of Bergen County, New Jersey.  In addition, there is no fee unless a recovery has been obtained for the client. The firm handles cases involving all types of injuries, including: neck and back injuries, brain trauma, spinal cord trauma, shoulder tears, knee tears, broken bones, paralysis, eye injuries, loss of limb, burns and/or scarring.  In wrongful death cases, The Sloan Law Firm handles cases for the surviving family members in matters arising out of motor vehicle accidents.

If you or a loved one has been injured as a result of a Bergen County, NJ Auto Accident, the Sloan Law Firm provides free consultations 24 hours a day at: (908) 358-2938. 

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New Jersey Restraining Orders Lawyer

New Jersey Restraining Order Lawyer

NEW JERSEY RESTRAINING ORDER LAW

What is a Restraining Order?

In broad terms, a restraining order is simply a court order prohibiting contact and/or communication by another party with the person seeking the order.  It is designed to protect against domestic violence.   

There are two types of retraining orders in New Jersey: a temporary restraining order (“TRO”) and a final restraining order (“FRO”). 

TEMPORARY RESTRAINING ORDERS

Temporary restraining orders are not handled by a New Jersey criminal court.  Instead, they are filed in Family Court.  In order to obtain a TRO in New Jersey, the person seeking the order must have standing.  In order to have standing, the person seeking the TRO must fall into one of the following categories:

  • The parties were in a dating relationship at some point;
  • The parties resided together at some point; OR,
  • The parties have a child together.

Those that have standing to file a TRO may then obtain the order if the following factors are presented to the Family Court:

  1. An act of domestic violence has occurred – Acts of domestic violence are crimes; including: assault, harassment, stalking, terroristic threats, and more.   
  2. Prior history of domestic violence – Many times, a victim must show that there have been previous acts of domestic violence to show the court that there is a course of conduct. However, there are exceptions. When the act that resulted in the filing of the TRO is particularly egregious, the court may decide to issue the TRO
  3. The TRO is necessary to protect the victim – This means that a reasonable person in the same situation would be in fear of his or her safety.

Whenever these factors are show, the court may grant a TRO. 

FINAL RESTRAINING ORDERS

After the TRO has been issued, a hearing will be conducted in Family Court in order to determine whether the TRO should become final.  Whereas a TRO can be issued largely upon allegations, the Final Restraining Order hearing requires proof.  The allegations must be proven by a preponderance of evidence.  At the hearing, the person who filed the TRO will testify and provide evidence of the domestic violence offense.  Afterwards, the person against whom the TRO has been filed can testify and provide evidence rebutting the allegations.  The judge can question the witnesses and the parties may cross-examine each other during the proceeding.  After the evidence has been submitted to the court, the judge will agree to issue the FRO or deny it.

How to Dismiss a Restraining Order in NJ

If the judge grants the FRO, the party against whom the FRO was sought faces permanent restrictions on his or her life.  FROs can only be removed if the alleged victim or a court decides to remove it by way of a motion to vacate the restraining order in New Jersey. Therefore, FRO hearings must not betaken lightly.

Violating A Restraining Order

A violation of a domestic violence restraining order is a criminal offense and can result in serious consequences, including jail. 

If you have a question or a pending TRO/FRO hearing and would like to speak with a New Jersey criminal attorney, do not hesitate to contact The Sloan Law Firm at: (908) 358-2938 or by email: dsloan@sloanlawfirmnj.com

Thank you for reading. 

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New Jersey Underage Drinking Lawyer

New Jersey Underage Drinking Lawyer

WHAT TO DO IF YOUR CHILD HAS BEEN CHARGED WITH UNDERAGE DRINKING IN NEW JERSEY

In New Jersey, the drinking age is 21. Every year municipal courts around New Jersey are overflowing with teenagers charged with an underage drinking offense, particularly at the jersey shore town. New Jersey beach towns have seen a huge increase in underage drinking cases.

The two most common underage drinking laws handled in municipal court are: N.J.S.A. 2C:33-15 (possession of alcohol under 21 ticket in NJ) and N.J.S.A. 39:4-50.14 (underage drinking and driving). The specific statutory language for both laws can be found below.

UNDERAGE DRINKING

N.J.S.A. 2C:33-15 is a criminal statute. Under N.J.S.A. 2C:33-15, those under the age of 21 that knowingly consume alcohol are in violation of the law. A conviction under this law will result in a criminal record and subject your child to penalties. These penalties for possession of alcohol under 21 may include an alcohol education program, 6 months in the county jail and a fine up to $1,000.00. Also, it may have a negative impact on college admissions and future job prospects.

UNDERAGE DRINKING AND DRIVING

N.J.S.A. 39:4-50.14 is a traffic law. Under N.J.S.A. 39:4-50.14, those under the age of 21 possessing a blood alcohol level of 0.01% or more (but less than 0.08%) are in violation of New Jersey’s underage drinking and driving laws. A conviction under N.J.S.A. 39:4-50.14 will NOT result in a criminal record because it is a traffic offense. However, traffic infractions stay on your child’s record for life whereas criminal offenses can sometimes be expunged. Those convicted of underage drinking and driving face community service, fines of $500 or more, an alcohol education program and a driving privilege suspension for a period of 6 months.

What to do if your child has been charge with an underage drinking offense?

Consider speaking with a New Jersey criminal defense lawyer. Many times, the initial consultation is free so you have nothing to lose by doing so. An experienced New Jersey criminal defense lawyer may be able to mitigate the situation by getting the charges downgraded or dismissed altogether depending on the specific facts of the case.

Underage Drinking Statutes

N.J.S.A. 2C:33-15 (Possession, consumption of alcoholic beverages by persons under legal age; penalty

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.

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N.J.S.A. 39:4-50.14 Penalties for underage person operating motor vehicle after consuming alcohol.

1.Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.

In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the chief administrator.

The penalties provided under the provisions of this section shall be in addition to the penalties which the court may impose under N.J.S.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other law.

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New Jersey DUI/ DWI Checkpoints Law

New Jersey DUI Checkpoint Lawyer

New Jersey DUI/DWI Checkpoints Law

Every year around the holidays, there are some New Jersey police departments that set up DUI Checkpoints. DUI Checkpoints are designed to protect the public against drunk drivers.  However, it should be noted that other traffic tickets can be issued as well.  Traffic tickets such as failure to exhibit a driver’s license, tinted windows, unclear plates and/or no registration can be issued at DUI Checkpoints.   

WHAT HAPPENS AT A DUI CHECKPOINT?

When arriving at a DUI Checkpoint, a driver can expect the police to ask for a driver’s license and proof of registration.  If, at that time, the police officer believes that the driver is exhibiting signs of impairment due to alcohol (or drugs),then the police officer will likely ask the driver to complete a field sobriety test.  Impairment signs may include: bloodshot eyes, slurred speech, difficulty with or fumbling around with the registration card or a driver’s license, and/or the smell of alcohol emanating from the vehicle.  A driver has the right to refuse a field sobriety test. However, if the police have reason to believe that the driver is impaired by alcohol or drugs, an arrest for DUI will probably occur regardless of a field sobriety test.  After an arrest is made, the driver will be required to undergo a breathalyzer test at the police station. 

IS DRIVING AROUND A DUI CHECKPOINT PERMITTED?

Believe it or not, this is allowed.  However, a driver attempting to avoid the DUI Checkpoint must not violate any traffic law. In addition, a driver attempting to avoid a DUI Checkpoint must not show any signs of impairment in doing so. 

If you have any further questions regarding DUI Checkpoints in New Jersey, do not hesitate to contact me at: dsloan@sloanlawfirmnj.com or visit my website at: https://sloanlawfirmnj.com. 

Thank you for reading. 

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New Jersey PIP Arbitration: How a Medical Provider Can Maximize the Odds of Winning

New Jersey PIP Arbitration Attorney

Submitting the proper documentation is essential to maximizing the odds of winning any PIP Arbitration. There are several issues that are commonly the subject of PIP Arbitration. However, medical necessity and causation are the two most common issues. In order to be successful on these issues (and others), it is extremely important that the provider’s PIP Arbitration lawyer have the following documentation:

1/5: Assignment of Benefits

Most providers already require that the patient sign an assignment of benefits form in order for the provider to receive insurance payments directly. This form is also necessary to file a PIP arbitration on behalf of the provider. Recently, many insurance companies have been contesting the validity of the provider’s assignment of benefits.

What is required for an assignment of benefits to be valid? A valid assignment must contain clear evidence of the intent to transfer the person’s rights and the subject matter (e.g. PIP Claim) of the assignment must be described sufficiently to make it capable of being readily identified. The assignment must be clear and unequivocal in order to be effective as to the obligor. Therefore, it is very important that the PIP Arbitration have the assignment of benefits and that it be valid in order to maximize the odds of winning at arbitration.

2/5: Bills

Obviously, the bills are essential to any PIP Arbitration. However, it is important that the provider’s PIP Arbitration attorney possess both the Health Insurance Claim Forms (“HCFAs”) and the Explanations of Benefits (“EOBs”) for the outstanding dates of service. Providing only an itemized billing statement, for example, may prevent or lessen the amount of recovery at arbitration. Frequently, the amount outstanding on the itemized billing statement differs from what the insurance company asserts is outstanding. Therefore, the analysis must occur that requires comparing the HCFAs to the EOBs. If the itemized billing is incomplete (e.g. there are no CPT codes), then it will be difficult or impossible to prove the case to the arbitrator.

3/5: Treatment (S.O.A.P) Notes & Examination Reports

Whenever the issue is medical necessity or causation, all of these documents are potentially vital to winning at arbitration. Many times, providers will only submit the treatment notes and re-examination reports for the outstanding dates of service. This is not a good idea. If, for example, the insurance company is asserting that the injury is not causally related to the accident, a re-examination report five months after the date of the accident, while unpaid, would not be particularly helpful and may prevent the provider from prevailing at arbitration. Under this scenario, the initial examination report becomes perhaps the most important document. Therefore, as a general rule, it is better to submit all of the treatment notes, the initial examination report and all of the re-examination reports to the PIP Arbitration attorney. Then, the attorney should then determine which of these documents are relevant to the issues identified for arbitration.

4/5: Pre-Certification Requests

Clearly, the pre-certification requests are necessary where the issue is failure to pre-certify the treatment. However, even where there is no issue as to whether the provider submitted a proper and timely pre-certification request, it is important to provide all of the pre-certification requests with the fax confirmation pages to the PIP Arbitration lawyer. Why is it important to provide the PIP Arbitration with the Pre-Certification requests? There are several reasons; however, one reason in particular is that the peer review doctor may not have reviewed all of the documentation or misconstrued what the doctor submitted with the pre-certification request. If the peer review doctor did not review all of the documents submitted with the pre-certification request or misconstrued it, then his or her opinion as to the medical necessity of treatment is inadequate. When this happens, the provider’s odds of winning at arbitration increase dramatically.

5/5: Appeals

Pre and Post Service Appeals – Before the recent changes in the PIP rules, these documents were important to uphold the validity of the assignment of benefits. Now, they are necessary to even file a PIP Arbitration. Therefore, it is important that all treatment denials and all billing denials be timely appealed prior to filing a PIP Arbitration and submitted to the PIP Arbitration attorney.

If you are a medical provider that is not happy with your PIP Arbitration results, it may be because the proper documentation has not been submitted for arbitration. Submitting these documents for arbitration will greatly help in maximizing the odds of winning a PIP Arbitration.

Thank you for reading. If you have any questions about New Jersey PIP Arbitration, please do not hesitate to contact The Sloan Law Firm at: (908) 358-2938 or dsloan@sloanlawfirmnj.com.

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Negotiating a New Jersey Personal Injury Settlement

Personal Injury Lawyer NJ Near Me

NEGOTIATING A PERSONAL INJURY SETTLEMENT IN NEW JERSEY

For those injured in accidents through no fault of their own, initiating a personal injury case is often the last resort. It is sometimes necessary to pursue a personal injury case due to a variety of factors such as unrelenting pain, loss of employment and/or unpaid medical bills.  Those injured looking to recover these damages are sometimes left to ask how to make a personal injury claim in NJ or how to file a personal injury claim for a car accident or other accidents.  An experienced New Jersey Personal Injury Lawyer can address these concerns.

Whenever there is an accident where someone has been injured, one of the first issues to be resolved is whether the party at fault for the accident has insurance. The reason why this is important is because the insurance company will essentially take over the defense of the at fault party, including the settlement negotiation.

INSURANCE ADJUSTERS & DEFENSE ATTORNEYS ARE EXPERT NEGOTIATORS

Insurance adjusters and defense attorneys are expert negotiators. You may recall Tom Hanks, as the negotiator in the movie Bridge of Spies, played an insurance defense attorney. Insurance adjusters and defense attorneys are very experienced in settling claims and they also have an abundance of resources at their disposal. When it comes to negotiating personal injury settlements, even the least experienced among them are very competent.

SELECTING A PLAINTIFF’S PERSONAL INJURY ATTORNEY

In order to balance the scales or tip them in your favor, it is important to select the right plaintiff’s personal injury attorney. The first two questions to ask a plaintiff’s personal injury lawyer is whether that he or she has ever tried a case before AND whether he or she is willing to take other cases to trial. Some attorneys love going to trial while others do not. An injured person cannot achieve a successful settlement unless his or her attorney is willing to take your case to the jury. This is one of the most important factors when it comes to settlement negotiations. If the plaintiff’s attorney is unwilling to take the case to the jury and the defense knows it, then the settlement could possibly end up being for much less than what justice requires. So, this point cannot be stressed enough.

The other important factor is that the personal injury attorney must be able to prove the case. In order to prove a case at trial, there must be more than just the plaintiff’s own testimony. For example, in order for opinions to be conveyed to the jury, the plaintiff must offer one or more experts such as a medical doctor. Only medical doctors can convey a diagnosis to the jury, not the plaintiff. If the plaintiff’s lawyer lacks experience and has failed to prepare the case for trial, it will not matter how injured the person was or how much the injury has affected the person’s life. Failure to name an expert during the discovery phase of the case could possibly result in the dismissal of the case by the judge. Therefore, it is imperative that the plaintiff’s personal injury attorney has prepared the case for trial during the discovery phase of the case.

This may seem obvious but the injured party must be flexible during negotiations if he or she is interested in obtaining a settlement. The first step in negotiating a personal injury settlement usually involves a plaintiff giving a “demand” to the insurance company. Regardless of the demand amount, it is very unlikely the insurance company will settle the case for this amount. Remember, these are expert negotiators. Therefore, if the plaintiff takes a “take it or leave it” position in regard to the demand, the case will likely go to trial. Instead of paying the plaintiff’s demand, the insurance company will usually make what is called an “offer” on the case. Many times, the initial offer will be low. However, there are times when the initial offer will be fair and just. It depends upon the adjuster/defense attorney handling the case. On the other hand, if the offer is too low and the defense is unwilling to negotiate further, the plaintiff’s personal injury attorney must advise the injured person to take the case to trial. Trials are usually the result of the parties being unable to come to an agreement between the demand and the offer.

In conclusion, getting the highest possible settlement for a personal injury case requires an experienced and fearless plaintiff’s trial lawyer and also an understanding that settlements are the result of a negotiation process, which requires both sides to be flexible.

Thank you for reading.