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Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC settled a personal injury verbal threshold case for $85,000. The plaintiff sustained injuries to her shoulder when the automobile she was a passenger in struck a vehicle that failed to stop at a stop sign. The matter was settled promptly after filing a lawsuit … Continue reading $85,000 Personal Injury Settlement
Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC appeared in Elizabeth Workers’ Compensation Court, 295 North Broad Street, Elizabeth NJ before the Honorable Theresa Yang, JWC. Following a settlement conference, Mr. Broking was able to successfully negotiate a $192,891.00 workers’ compensation settlement on behalf of his client. This matter was settled pursuant to … Continue reading $192,891 Workers Compensation Settlement
Timothy J. Broking, Esq. of Aiello, Harris, Abate Law Group PC settled a personal injury case for $97,500. The plaintiff sustained injuries to her neck and wrists when her automobile was struck in the rear by another vehicle that failed to yield the right of way at the intersection. The negligent party only maintained $15,000 … Continue reading $97,500 Personal Injury Settlement
Without jurisdiction over both the subject matter of the case and the defendant(s), a court may not proceed. The New Jersey Constitution gives the Superior Court subject matter jurisdiction over virtually all types of cases. N.J. Const., Art. VI 3, 2; see Chapter I. In general, the Law Division of Superior Court has subject matter … Continue reading What courts have jurisdiction in New Jersey?
The New Jersey Court Rules address venue very specifically. R. 4:3-2 discusses which county is the proper place to file a case. R. 4:3-1 contains directions as to whether the Law Division or the Chancery Division is appropriate. In general, venue is proper in the county in which the cause of action arose, or in … Continue reading How is venue determined in New Jersey?
Depositions are the most important method of pretrial discovery. A deposition permits you to question a witness under oath to obtain facts, with minimal interference from your adversary. Unlike answers to interrogatories, which are often crafted by attorneys, a deponent must answer your questions without any assistance from his lawyer at the deposition. As a … Continue reading What are depositions in New Jersey?
A motion is a request that the court enter an order. The types of motions that may be filed are limited only by the creativity of counsel, though certain kinds of motions are expressly authorized by Court Rules. Many of these motions have been mentioned in other sections of this book, E.g., R. 4:6-2 (motions … Continue reading What are motions?
Every insured person in New Jersey is subject to either a “tort threshold” or “no tort threshold.” The tort threshold is a provision in an insured’s own policy that, in exchange for a reduced premium, bars a plaintiff’s right to sue unless he or she sustained an injury as described by statue. Because AICRA made … Continue reading What is the tort threshold?
Uninsured and underinsured motorists coverage involves first-party coverage under a contract of insurance. The insured’s entitlement to coverage and the procedures for pursuing a claim are governed primarily by the contact, and those rights differ substantially from carrier to carrier. Some UM/UIM carriers, for instance, now include provisions permitting the carrier at its option to … Continue reading What are uninsured Motorists (UM) and Underinsured Motorists (UIM) Claims?
Individuals interrogated in a non-custodial vs. a custodial interrogation setting enjoy fewer protections than those interrogated while in custody. In the seminal Miranda case, the United States Supreme Court stated that the famed Miranda warnings[1] must be administered by the police only during custodial interrogations. Miranda v. Arizona, 384 U.S. 436, 444 (1966). Thus, “Miranda … Continue reading What are Non-Custodial Interrogations?
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