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Can you sue for injuries after a car accident in New Jersey? An analysis of the verbal threshold (or limitation on lawsuit) and the deemer statute

Can you sue for injuries after a car accident in New Jersey? An analysis of the verbal threshold (or limitation on lawsuit) and the deemer statute

The State of New Jersey has some of the most complex auto accident laws in the country. However, among the scheme of auto accident laws in New Jersey, two laws in particular are widely misunderstood: the verbal threshold (also known as the limitation on lawsuit) and the deemer statute.

 

History of the Verbal Threshold/Limitation on Lawsuit in New Jersey

New Jersey utilizes a “no-fault” law, which was first enacted as part of the New Jersey Automobile Reparation Reform Act. L. 1972, c. 70...

At-will Employment: Does My Employer Need a Reason for Firing Me?

At-will Employment: Does My Employer Need a Reason for Firing Me?

What happens if my employer fired me for no reason?

Employees often have questions regarding their legal rights. One of the most commonly asked questions is: “whether you can sue your employer for firing you for no reason?”

 

New Jersey, like most states, has adopted at-will employment laws, which essentially means that in most cases, an employer can terminate an employee without reason. However, while an employer usually does not have to have a reason for firing an employee, there are exceptions...

How Does Car Insurance Work When You Are Not At Fault?

How Does Car Insurance Work When You Are Not At Fault?

We last looked at what to do following a New Jersey auto accident while still at the scene of the accident, but how does car insurance work when you are not at fault? Do you call your own insurance or that of the other driver’s? Will my premiums rise even if I am not at fault? What if the other driver who was at fault does not have insurance? This post aims to answer all of the commonly asked insurance questions that arise following a car accident where you were not at fault.

Am I My Brother’s Keeper? Question of Duty Raised in Drunk-Driving Lawsuit

Am I My Brother’s Keeper? Question of Duty Raised in Drunk-Driving Lawsuit

The Appellate Division in its recently published decision, Diaz v. Reynoso, considered the issue of “whether a volunteer who assures police officers at a roadside stop of an apparently inebriated driver that he will take the driver and his car safely to a residence—but thereafter relinquishes the car to the driver before reaching the destination—can be civilly liable as a joint tortfeasor if the driver then collides with and injures another motorist.” 2021 WL 2197728, at *1 (App. Div. 2021).

New Jersey Now Requires Auto Insurers to Disclose Policy Limits to Attorneys

New Jersey Now Requires Auto Insurers to Disclose Policy Limits to Attorneys

On July 22, 2021, Gov. Phil Murphy signed legislation (S-1558/A-3444) requiring automobile insurers, who issue private passenger automobile policies in New Jersey, to disclose policy limits where a licensed New Jersey attorney has made a written demand for same. As the legislation implicates only private passenger automobiles, the legislation does not apply to insureds operating commercial vehicles.

 

When an attorney is requesting policy limits...

Applying for Work Post Pandemic: Employees’ Rights Under Federal and New Jersey Law

Applying for Work Post Pandemic: Employees’ Rights Under Federal and New Jersey Law

As the COVID-19 pandemic shows signs of winding down, employers across the state have reported that they cannot find enough workers for their businesses. Many have blamed the expanded unemployment benefits, but that alone does not explain the mass shortage. Instead, many of the industries reporting the most issues have a less than perfect track record with respect to workplace safety, fair wages, and employee satisfaction.

 

In accordance with New Jersey and Federal employment laws, workers are afforded various protections, such as minimum wage and...

No Adverse Action? No Problem: NJ Supreme Court Removes Hurdle for Employees in LAD Claims

No Adverse Action? No Problem: NJ Supreme Court Removes Hurdle for Employees in LAD Claims

No harm, no foul often used to be the argument of certain employers, as part of their defense to failure-to-accommodate claims. In other words, if there was no adverse job action that came as a result of a failure to accommodate, the failure to accommodate claim was non-existent.

 

The New Jersey Supreme Court, however, ruled unanimously on June 8, 2021, in Richter v. Oakland Bd. of Educ., (A-23-19) (083273), that an adverse...

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