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.


 
     
   
     
 
     
 

Elkind & DiMento, P.A.
2090 East Route 70
Cherry Hill, NJ 08003
Tel: 856-424-7800
Fax: 856-424-4580