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Resources : Questions & Answers
What is the difference between the Plaintiff
and the Defendant?
ANSWER: The Plaintiff is the individual, organization
or legal entity that files a law suit. The Defendant
is the individual, organization or legal entity
against whom a law suit is brought.
Do you represent the Plaintiff or the
Defendant?
ANSWER: Elkind and DiMento, P.A., regularly represents
and is comfortable representing either the Plaintiff
or the Defendant.
What do I bring with me to my initial
meeting with a member of Elkind and DiMento,
P.A.?
ANSWER: You should bring with you all documents
within your possession which are relevant to the
reason for the meeting. It is better to bring with
you too much than too little. However, at the time
of the meeting, the member of Elkind and DiMento,
P.A., with whom you meet will identify for you
additional documentation which is needed.
If I believe I have a claim or have been
damaged or have sustained injury, how long do
I have before I consult with an attorney?
ANSWER: It is most important that you meet with
an attorney as soon as possible. At Elkind and
DiMento, P.A., we take immediate steps to preserve
your claim by putting all proper parties on notice,
satisfying the requirements of any contractual
obligations you may have such as insurance company
notification and the filling out and execution
of forms. We also take immediate steps to preserve
evidence and obtain necessary evidence, and we
fully explain to you all of the legal ramifications
of the issues arising out of your claim so that
we may set your claim up for success at an early
stage.
If there exists a judgment against me,
how long will the judgment stand of record?
ANSWER: Absent the judgment being extinguished
by a bankruptcy proceeding, a judgment within New
Jersey is valid for twenty (20) years and may be
revived for an additional period.
If I am injured as a result of the negligence
of a public entity or public employee, are there
any special notice considerations?
ANSWER:
Yes, within the State of New Jersey we have a
Tort Claims Act. The Act provides that a proper
Notice of Claim must be filed by or on behalf
of the person injured against the Attorney General
of the State of New Jersey if the claim is against
New Jersey or against the State Department or
agency or local public entity responsible for
the injury or damages. The claim must contain
certain specified information and must be filed
no later than ninety (90) days after the cause
of action accrued. While there is a specific
provision within the Statute allowing for a Notice
of Late Claim to be filed in the discretion of
a Superior Court Judge, within one (1) year of
the accrual of the cause of action, the factors
allowing the grant of an application to file
a late claim are severe. It is most important
that if you are injured or sustain damages by
a public entity or public employee that you immediately
contact a law firm.
If I sustain damages as a result of the
breach of contract of an individual, organization
and/or legal entity, how long do I have to file
a law suit?
ANSWER: The general statute of limitations for
contract actions is six (6) years from the time
the breach occurs. However, contracts for sale
are governed by the Uniform Commercial Code which
sets forth a statute of limitations of four (4)
years after the breach has occurred. The Uniform
Commercial Code also provides that the parties
may by agreement reduce the statute of limitations
to not less than one (1) year. It is therefore
important to meet with an attorney as soon as possible
after a breach of contract occurs so as to preserve
your rights.
Can a contract provide for a statute
of limitations which is less than the general
contract statute of limitations of six (6) years?
ANSWER: Yes, a contract can provide for a statute
of limitations which is less than the general statute
of limitations for contracts of six (6) years.
In many instances, insurance policies provide for
a one (1) year statute of limitations from the
time of denial of a claim.
If I have a claim as a result of an unsafe
condition of an improvement to my property, how
long do I have to file a law suit?
ANSWER: The general statute of limitations to
bring a claim for damages as a result of an unsafe
condition of an improvement to property is ten
(10) years.
If I am an adult and injured as a result
of a motor vehicle accident or slip and fall
accident, how long do I have to file a law suit?
ANSWER: The general statute of limitations to
file a law suit as a result of a motor vehicle
accident or slip and fall accident which causes
personal injury is two (2) years from the date
of the accident.
If I am damaged as a result of libel
or slander, how long do I have to file a law
suit?
ANSWER: The general statute of limitations for
damages caused by libel or slander is one (1) year
after publication of the libel or slander.
If I am sexually harassed at work, how
long do I have to bring a claim?
ANSWER: The general statute of limitations for
injury caused by sexual harassment in the work
place is two (2) years from the act of harassment.
How long do I have to file a law suit
for a wrongful termination of employment?
ANSWER: The general statute of limitations for
a claim for wrongful termination of employment
is two (2) years from the date of termination.
However, if the termination is related to Whistle
Blower Protection, in that event there is only
a one (1) year statute of limitations.
*Do not rely on the above examples alone
to protect your statute of limitations. The facts
of each case must be specifically reviewed by
Elkind and DiMento, P.A.
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